| Citation(s) |
|---|
| 1987 SLG 982 1987 SLD 982 1987 PLC 110 |
Federal Service Tribunal, Islamabad
Appeal No. 339(Q) of 1985, decided on 14th September, 1986.
JUSTICE SHAH ABDUR RASHID, CHAIRMAN AND CH. A. RAHMAN KHAN, MEMBER
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Appeal No. 339(Q) of 1985, decided on 14th September, 1986.
JUSTICE SHAH ABDUR RASHID, CHAIRMAN AND CH. A. RAHMAN KHAN, MEMBER
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Capt. (Retd.) MUHAMMAD YUNUS JAFAR
VS
SECRETARY, ESTABLISHMENT DIVISION, RAWALPINDI and 25 others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-- ---S. 4--Civil services--Promotion--Plea of ante-dated promotion-Appeal--Period of limitation--Cause of action, accrual of--Appeal filed by civil servant within time from publication of seniority list, wherein he was placed junior to persons over whom he claimed seniority, held, would be deemed to be within limitation. (b) Civil service- ---Promotion--Delay in approval--Effect--Delay in approval of promotion by Appellate Authority for reasons it considered proper, held, would not amount to supersession of civil servant. (c) Civil service-- ---Seniority, accrual of--Where batch mates of civil servant were recommended for promotion and appointed with immediate effect and not retrospectively civil servant /appellant, held, could not be given seniority over such promotees. (d) Service Tribunals Act (LXX of 1973)- ---S. 4--Civil service--Seniority--Determination of--Seniority of civil servant, held, could not be ante-dated to date when such civil servant completed five years service because he would become senior to persons who were originally senior to him but were not given promotion or seniority retrospectively on completing five years' service--While partly accepting appeal of civil servant, Service Tribunal directed that the order passed would not prevent Government to consider case of civil servant and his batch mates from giving seniority to them from dates on which they completed five years' service in B. 17 on analogy of preceding and subsequent batches. G.S. Khan for Appellant. Niaz Ahmad Khan for the State. Date of hearing: 10th September, 1986. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).--The appellant herein, Capt. (Retd.) Muhammad Yunus Jafar, was commissioned in the Army in 1968. In 1974, he, for the first time, on 4-10-1974, joined civil post when he was inducted in the Tribal Areas Group (TAG) in B-17. 2. When the question of promotion of the appellant to B-18 arose, a Departmental Promotion Committee (D.P. C.) was convened which held its meeting, on 10-8-1980. There were adverse reports on the performance of the appellant for the following periods:-- (i) 1-6-1978 to 31-12-1978; (ii) 1-1-1979 to…
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