Law: West Pakistan Excise and Taxation Subordinate Service Rules, 1966

Section: 5(4)(b),9

Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974

Section: 8

[West Pakistan Excise and Taxation Department Subordinate Service Rules, 1966)]........Rr 5 (4) (b) & 9 read with Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, r. 8-Seniority of Excise Sub-Inspectors appointed by promotion from amongst Senior Clerks and Junior Clerks-A a Junior Clerk passing Departmental Examina­tion-Condition of passing such examination relaxed by Government for purpose of promotion prior to (disputed) promotions vide Notifi­cation No. 2829-73/2243-E (E & T) I, dated 3-11-1973-Some Senior Clerks not having passed departmental examination and B a Junior Clerk junior to A as Junior Clerk who had higher academic qualifications but had not passed departmental examination pro­moted prior to A without considering his case alongwith them-Contention of A that he having passed departmental examination being only qualified person should have been promoted prior to all such promoted-Rejected because of relaxation of con­dition of passing departmental examination-A on being promoted subsequently held rightly placed below all promoted earlier on principle of dates of continuous appointment to particular grade but A, held, senior in grade of Sub-Inspector also than B being senior to him in grade of Junior Clerk because B promoted earlier without considering case of A-Punjab Service Tribunals Act (IX of 1974), S. 4. ORDER MALIK ZAWWAR HUSSAIN (MEMBER).-Malik Riaz Hussain, Excise and Taxation Sub-Inspector has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded Province of the Punjab through the Secretary, Excise and Taxation Lahore, the Director General, Excise and Taxation, Lahore, the Director Excise and Taxation, Lahore and 12 other persons as respondents. By virtue of this appeal he has prayed that the orders dated 5-6-1980 and 3-8-1980 passed by the Director-General, Excise and Taxation, Lahore and the Director, Excise and Taxation, Lahore respondents Nos. 2 and 3 be set aside and that he be allowed his due seniority. 2. Brief facts of the case are that the appellant was appointed as a Junior Clerk in the Excise and Taxation Department on 27-11-1957. Ac­cording to the…

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