| Citation(s) |
|---|
| 1984 SLG 315 1984 SLD 315 1984 PLC 1671 |
Appellate Tribunal Inland Revenue
Appeal No. 197 (R) of 1980, decision dated: 9-01-1982, hearing DATE : 20-10-1982
MUHAMMAD IRSHAD KHAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS
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Appeal No. 197 (R) of 1980, decision dated: 9-01-1982, hearing DATE : 20-10-1982
MUHAMMAD IRSHAD KHAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS
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MUHAMMAD ANIS KHAN
VS
CHAIRMAN, CENTRAL BOARD OF REVENUE and 5 others
Law: Service Tribunals Act, 1973
Section: 4
[Service Tribunals Act (LXX of 1973)]........S 4--Appeal before Tribunal-Seniority matter-First Seniority list brought out by department after a provisional list-Always to be deemed as final-There cannot be two or more provisional seniority lists. (b) Civil servant- --Promotion-Inspectors of Central Excise and Land Custom-Question of promotion as Deputy Superintendents-Promotion examinations held during 5th December, 1956 to 10th July-, 1959 of competitive nature--Departmental promotion Committee deemed to have ceased during such period and promotions made on basis of Promotion examination, held, a selection - Inspectors passing examination, held, acquired vested right to be promoted in same year if vacancies existed and their names to be carried forward to subsequent years till promoted without going through Departmental Promotion Committee even though such Committee revived in July, 1959-Advice of Establishment Division that. Inspectors qualifying competitive examination during 1957 to 1959 were not entitled to promotion over and above available vacancies in said period set aside by service Tribunal-Appellant Inspector having qualified competitive examination held in 1959, held, had acquired vested right of promotion on pure selection without going through D.P.C and will take seniority with batch promoted immediately on basis of competitive examination held in 1959-Service Tribunals Act (LXX of 1973), S. 4. ORDER ABDUR RASHID (MEMBER).-The Central Board of Revenue (C. B. R) had been for some time, considering the possibility of introducing an examination so as to accelerate the promotion of outstanding Inspectors to the Grade of Deputy Superintendents because of the special significance of the latter rank in the hierarchy of the Central Excise and Land Customs (C E and L C). 2. The Central Board of Revenue, vide letter No. 35 (7)-Estt/56, dated 5th December, 1956 addressed to various Collectors, laid down as under :- Subject:- Examination-Promotion for Inspectors for Selection as Deputy Superintendents. "The Board had decided that henceforth the Inspectors of. C. E. and L. C. will be required to qualify in a promotion examination for selection as Deputy…
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