Law:

Section:

(a) Sind Civil Servants (Promotion, Confirmation and Seniority) Rules, 1975-- ---S. 13--Seniority position of civil servant in higher cadre, assignment of--Where a civil servant was not promoted on his turn on account of any reason other than his unfitness, such civil servant on his subsequent promotion, held, would enjoy same seniority position in higher cadre as was assigned to him in the lower grade-Benefit of seniority allowed to civil servant, however, would be subject to any order made by competent authority for purpose of inter se seniority in higher grade. (b) Sind Service Tribunals Act (XV of 1973)- ---S.4--Sind Civil Servants Act (XIV of 1973), S.6--Sind Civil Servants (Departmental Examination) Rules, 1978, R.3--Notification No.S.O.IX REG (S&GAD)2/6/3-75, dated 23rd November, 1982-­Promotion/seniority of civil servant--Failure to pass departmental examination--Penalty for--Failure to pass prescribed examination would entail penalty of discharge in case of civil servant appointed by initial appointment, and that of reversion in case of promotee--Passing of prescribed examination, held, was included in the factors constituting eligibility for promotion--Where juniors to civil servant had established their superiority of merit over such civil servant by clearing departmental examination not only in first attempt but also much before civil servant cleared same, it was neither proper nor just to allow benefit of seniority to appellant civil servant in higher cadre--Appeal of civil servant being devoid of merit was dismissed in circumstances. (c) Sind Civil Servants (Promotion, Confirmation and Seniority) Rules, 1975- ---S. 13--Civil servant when entitled to benefits of R.13--Civil servant, held, would get benefits of R.13, only when he was ignored for promotion not on ground of his being unfit for such promotion, and no adverse order was passed by competent authority with regard to his inter se seniority in the higher cadre--Failure to pay departmental examination by civil servant would constitute ground of unfitness. Manzoor Ali Khan for Appellant. Abdul Saeed Khan Ghori for Respondents. Date of hearing: 11th August, 1987. JUDGMENT MUNAWAR ALI KHAN,…

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