Law:

Section:

Civil service- -- Promotion-Civil servant not promoted due to non-availability of A. C. Rs.-Departmental selection Committee-Clearing him for promotion subject to availability of A. C. Rs.-Promoted sub­sequently on receipt of A. C. Rs. and claim of due seniority over juniors already promoted also admitted but retrospective pro­motion not given--Civil servant, in circumstances, held, deemed to have been promoted from date junior promoted with full arrears of pay of higher post. Ikhtisar Ahmed for Appellant. Nemo for Respondent. Date of hearing : 30th May, 1984. JUDGMENT ABDUR RASHID (MEMBER).-The appellant joined Pak. P. W. D. as an Overseer (Civil) with effect from 13th June, 1968. This appointment, which was in N P S-11, was redesignated as sub-engineer with effect from 16th November, 1974. 2. As a result of a D. P. C. meeting, a promotion order was issued on 14th June, 1976, whereby thirteen sub-engineers were promoted as Assistant Engineer Grade-16 on ad hoc basis against the vacancies reser­ved far direct recruits. Of these promotees, two were junior to the appellant. They were Muhammad Ibrar and Muhammad Ayub Baig who had joined the Pak. P. W. D. as sub-engineer with effect from 2nd August, 1968 and 5th October, 1968, respectively. Thereafter, yet another sub-engineer Mahmood-ur-Rehman was promoted as Assistant Engineer (Grade 16) with effect from 31st May, 1977 even though he had joined the P. W. D. as sub-engineer, with effect from 10th May, 1969. The appel­lant was, thus superseded by three of his junior for the reason that his A. C. Rs. for the year 1974 and 1975 were not available before the D.P.C. and became available on 11th November, 1976 when two D.P.C. meetings had already been held before the receipt of his said A-C. Rs. It is instruc­tive to refer two various D. P. C. Meetings who dealt with the case of the appellant. The D. P. C. Meetings held between 14th to 17th May, 1976 (which resulted in the promotion of appellant's juniors) said ;- "Mr. Nawazish Hussain :--His reports for 1971-72, and 1973 are good. But the Assistant Engineer has not recommended him for promotion. In the report for 1973 the XEN has strongly recom­mended him for…

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