Law:

Section:

(a) Civil Servants Act (LXXI of 1973)----- ----Ss. 2 (1) (f) & 2 (2) read with Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, r. 7-Regular appointment-Appoint­ment whether by promotion or otherwise made in prescribed manner­ Appointment once made on regular basis cannot subsequently be converted into ad hoc appointment-Appointment made by promotion on recommendations of appropriate departmental promotion committee-Subsequently treated as on ad hoc basis on grounds that same was in excess of promotion quota prescribed by relevant rules--Such treatment, held, not sustainable-Service Tribunals Act (LXX of 1973), S. 4. (b) Civil service----- -----Seniority - Direct recruits versus promotees-Ratio of direct recruitment and departmental promotion merely relates to policy of recruitment-Not to be extended to fixation of their seniority-All incumbents to be treated at par in matter of their seniority in respective grade after they enter it-No rule that incumbent holding a post in particular grade in temporary or officiating capacity should rank lower in seniority to one appointed later against a reserved post in same grade.-Concept that direct recruits should be deemed to have been appointed from date from which vacancies in their quota was to be filled, held, fallacious­-Extended meaning of word "regular" given in Establishment Division O. M. No. 1/16/69-D-II dated, 31-12-1970, held, repugnant to provisions of S. 2 (2) and S. 8 (4) of Civil Servants Act, 1973, hence not applicable after promulgation of Act - Seniority of a promotee to take effect from date of regular appointment regardless of promotion being in excess of promotion quota-Civil Servants Act (LXXI of 1973), Ss. 2 (2), 8 (4) & 25 (2) read with Establish­ment Division O. M. No. 1/16/69-D-II, dated 31-12-1970. B. A. Ansari for Appellant, Syed M. Shahudul Haque, State Counsel for Respondent No. 1. M. S. Siddiqui for Respondents Nos. 2 to 18. Date of hearing : 24th March, 1983. JUDGMENT MUHAMMAD IRSHAD KHAN (MBMBBR).-It is the case of the appellant that he then a Foreman in the P.O.F., Wah, was promoted in the prescribed manner by the competent authority with effect from 14-4-1976…

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