Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S. 4--Civil Servants Act (LXXI of 1973), S. 4--Civil servant promoted as temporary measure--Subsequent regular promotion of such civil servant--During officiating period emolument of officiation to promoted post not paid--Claim of ante-dated promotion and emoluments of officiating period--Refusal--Appeal--Limitation--Refusal td pay arrears of pay and emoluments being a continuous wrong, every refusal thereof, held, would give a fresh cause of action--Delay, if any, in filing appeal about claim of pay of officiating period, held, could be condoned in circumstances. (b) Service Tribunals Act (LXX of 1976)-- ---S. 4--Civil Servants Act (LXXI of 1976), S.4--Seniority--Claim of ante-dated promotion--Where promotion of civil servant was made on purely temporary basis, subject to condition, that such civil servant would have no claim of seniority, such civil servant, held, could not claim ante-dated seniority. (c) Service Tribunals Act (LXX of 1976)-- ---S. 4--Civil Servants Act (LXXI of 1976), S. 4--Appeal by civil servant claiming ante-dated seniority and arrears of pay--Civil servant found entitled to arrears of pay/emoluments but found not entitled to ante-dated seniority--Appeal regarding arrears of pay accepted while about ante-dated seniority rejected. Muhammad Asghar Khan for Appellant. M. Sadiq Abbasi for Respondents. Date of hearing: 11th May, 1986. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).--While working as LS-I in WAPDA, at Rawalpindi, the appellant, Zardad Khan, was promoted to officiate as Junior Engineer and placed at the disposal of S.E. GSO Circle, Hyderabad, on the following terms and conditions:- "(1) The above promotion has been made purely as temporary measure and he can be reverted at any time without any notice. (2) He will have no right of promotion or seniority in case of reversion. (3) He will have no claim of seniority over his seniors on the combined seniority list of LS-I maintained by the office of MDP, WAPDA. (4) The promotion has been made to run the show in the above newly-created circle and reversion can be affected on the posting of a Jr. /Engr." It appears that the appellant was not…

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