Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)- --). 21-Representation to next higher authority-Cannot be enter­tained when question involved was promotion-Pro forma promo­tion granted by competent authority-Such order, held, not open to representation before next higher authority. (b) Civil. service- ---Locus poenitentiae-Pro forma promotion-Once given -Cannot betaken back-Incumbent starting receiving attendant financial benefits and acquiring valuable right regarding date of promotion on basis of pro forma promotion order-Withdrawal of such order after four months, held, unlawful-Service Tribunal setting aside impugned order-Punjab Service Tribunals Act (IX of 1974), Syed Muhammad Sakluin v. Punjab Government N I. R 1981 Service 60 rel. P L D 1968 Lah. 1194 ; P L D 1978 B J 81 ; P L D 1977 Lab. 1082 ; P L D -1969 S C 407 and N L R 1980 Service 482 ref. (e) Civil service- --Seniority--List can be revised sun motu by competent authority. JUDGMENT S. HAFIZUR RAHMAN (MEMBER)..-This is an appeal against the order, dated 20th June, 1979 made by the Home Secretary, Punjab, whereby the order issued by the Director Civil Defence, Punjab, on l5tb February, 1979 granting pro forma promotion to the appellant was set aside. The appellant has impleaded, amongst others, Syed Ahmad Mirza, on whose representation, the Home Secretary took the decision to set aside the appellant's promotion. 2. Brief facts of the case are that the appellant joined service as Junior Clerk on 1st March, 1953. In that capacity he was senior to respondent No. 4 and to Noor Ahmad Malik (since retired) and Ajmal Hussain. The appellant was promoted as Senior Clerk, with effect from 29th May, 1960 and as such continued to be senior to the other three who were promoted after him. However, Noor Ahmad Malik and respondent No. 4 were promoted as Assistants earlier than the appellant, apparently to the basis of being graduates for which category 50% seats were reserved under the Civil Defence Department (Ministerial Establishment) Recruit­ment Rules, 1962. After the publication of the seniority list of the ministerial establishment of the department in which respondent No. 4 and Noor Ahmad Malik were shown…

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