Law:

Section:

Civil Servants Act (LXXI of 1973)- --S. 12--Reversion from acting promotion against higher post­---Not exceptionable---Grade-18 Officer allowed acting promotion--against Grade-19 Post by Selection Board till his senior promoted on regular basis-Selection Board. Subsequently turning down his case for regularisation of promotion-Reversion of Officer to Grade-18, in circumstances, held, not open to exception-Circulation of his name in Grade-19 Officers' seniority list during period he held acting charge, in circumstances, held; could not be construed to confer upon him status of regular promotee. Dr. Khalid Ranjah for Appellant. Hafiz Tariq Naseem, State counsel for Respondents. Hameeduddin for Respondents Nos. 6, 7 and 8. Date of hearing : 28th December, 1983. JUDGMENT ABDUR RASHID (MEMBER).-The appellant joined the erstwhile Pakistan Military Lands and Cantonment Service after qualifying the 1963 compe­titive examination. He was promoted vide the Ministry of Defence Gazette notification No. 1329/74, dated 14th June, 1974, which is reproduced: "Mr. Khadim Hussain Malik, Military Estates Officer (a Grade-18 Officer) is appointed on acting promotion basis to Grade-19 as Deputy Director, Military Lands and Cantonments, till one of his seniors is cleared for promotion on a regular basis." 2. A seniority list of officers of Military Lands and Cantonments Department (corrected upto 31st July, 1976) was circulated on 3rd August, 1976 wherein among Grade-19 Officers, the appellant was shown at Serial No. 16 and Mr. Riazur Rehman Hashmi appeared at Serial No. 15 i.e. one step higher than the appellant. 3. Another seniority list of officers of Grade 17 to 20 of the Military Lands and Cantonments Department was circulated on 30th September, 1979. In this list, among Grade-17 Officer the appellant figured at Serial No. 15. Again, as in the previous list, Mr. Riazur Rehman Hashmi appeared one step higher at Serial No. 14. 4. The M. L. C. Department vide their corrigendum, dated 13th October, 1979 said the following with reference to 30tb September, 1979 seniority list: "....against the name of Mr. Khadim Hussain Malik, for "CEO Lahore" read "Acting CEO Lahore" and column No.…

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