Law:

Section:

Civil service- -- Seniority--Promotees--"A" Lower Division Clerk recruited in 1949 when qualifying Public Service Commission Examination was not a requirement-t3 subsequently recruited as L.D.C. on qualifying such examination in 1965 and C initially appointed as stenotypist in 1963 nominated as L.D.C. on qualifying Public Service Commission Examination in 1965-A promoted as Upper Division Clerk in 1966 on regular basis and "B" promoted as such in 1967 but "C" never promoted as U. D.C. -B & C promoted as Assistant on assumption and ground, though not supported by any rule or instructions, that being qualified of Public Service Commission Examination for appointment as L.D.C. had preferentional right over "A" being not so qualified­-Such assumption, held, baseless and "A" being Senior as L.D.C. and U.D.C., held, must have been considered for promotion as Assistant earlier than B and C-A having been ignored while promoting B and C on basis of faulty assumption of seniority in lower grade, in circumstances, held, entitled to ante-dated promotion, on his being found fit for promotion subsequently, from date of promotion of B and C. Appeal No. 175 (R) of 1976 ref. Appellant in person. S. M. Shahudul Huque for Respondents. Date of institution/hearing: 3rd Jaunary, 1982/12th September, 1983. JUDGMENT A. O. RAZIUR RAHMAN (MEMBER).-This .appeal is against an order issued on behalf of the Secretary, Ministry of Defence, rejecting the Appel­lant's representation against the final seniority list issued by the competent authority showing the seniority of the appellant as an Assistant and U.D.C. vis-a-vis Respondents Nos. 2 and 3. The rejection order was conveyed to the Appellant on 7th December, 1982. The filing of the appeal being within the statutory period prescribed, it was admitted for hearing, which took place on 12th September, 1983 and is being disposed of by this order. 2. After hearing the parties at length and perusing the relevant docu­ments, we find that the appellant was appointed as temporary L.D.C. on 21st May, 1949 and after he had put in more than 17 years of service, he was promoted as U.D.C. with effect from 1st June, 1966 on regular basis, subject to…

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