Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 212(3)--Civil Servants Act (LXXI of 1973), Ss. 8 & 9--Seniority/ Promotion--Leave to appeal granted to examine plea raised by appellant that after having accepted his claim to seniority, Service Tribunal erred in denying him full consequential benefits, including that of promoting or pro forma promotion, due to him during his service in spite of his retirement. (b) Civil Servants Act (LXXI of 1973)-----Ss. 8 & 9--Claim to seniority/promotion--Appellant retiring during pendency of his appeal--Service Tribunal accepted his claim to seniority/ promotion but denied consequential benefits due to his retirement-­Appellant claiming benefits of salary and other emoluments--Department informing Supreme Court that all benefits due to appellant for period he was in Service had been accorded to him--Appeal dismissed as having become infructuous. ORDER ABDUL QADIR SHAIKH, J.--Facts of this case briefly stated are that appellant joined Provincial Civil Service of Baluchistan on 5-12-1961 and later on he held cadre posts in the senior scale of C.S.P. After introduction of administrative reforms appellant became a member of newly-created group of service called All Pakistan Unified Grades (A . P. U . G .) . In 1973, a separate group of service named Tribal Area Group (T.A.G.) was formed and appellants services were inducted therein on 22-8-1974 in N.P.S.-18. Subsequently, another group of service, known as Secretariat Group was formed, which comprised of all members belonging to A . P. U . G . other than T . A . G . who were serving in the Federal and Provincial Secretariats. To expand that group, applications were invited for selection of Joint Secretaries and Deputy Secretaries. Appellant also made an application for a post of Joint Secretary but for certain reasons which are unnecessary to mention here, he appeared for an examination for the post of Deputy Secretary and was so appointed by the order, dated 5-11-1975. He was later on appointed as Joint Secretary, Law Department under Notification, dated 16-12-1975. Appellant, however, claimed that he having opted for T.A.G. continued to be a member of that group and he is…

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