Law:

Section:

(a) Civil service- --- Promotion--Junior person promoted while fitness of person to be promoted not denied--Such person should be deemed to have been promoted from the same date his juniors were promoted and would thus be entitled to have been allowed consequential benefits of arrears. (b) Service Tribunals Act (LXX of 1973)-- ---S. 4(1)(9)--Appeal--Competency--Entitlement to arrears of pay when civil servant promoted with retrospective effect--Contention that civil servant having not contested the final seniority list, his appeal for claiming seniority was hit by provisions of S. 4(1)(a) of Service Tribunals Act, repelled--Held, promotion having been given retrospectively as a result of revision of seniority list of cadre which must have been the result of representation made, Civil Servant's case was thus not hit by the provisions of S. 4(1)(a) of Service Tribunals Act, 1973--Where a person was prevented for no fault of his from holding a senior post, he, when promoted to that post presumptively, would be entitled to arrears of pay. 1984 P L C (C.S) 452 rel. JUDGMENT CH. A. RAHMAN KHAN (MEMBER).--This order will also dispose of five other Appeals Nos. 231(R), 232(R), 233(R), 234(R) and 235(R) of 1987 as' these are identical and directed against the similar cause of action. 2. Mr. Abu Talha Ansari, Superintendent, Economic Affairs Division, the appellant has preferred this appeal against the impugned Order No.5(117)/EA/A.III/86, dated 4-5-1987 whereby he was refused promotion as held in the case of Mr. Bashir Ahmed in Appeal No. 170(R) of 1985. 3. The brief facts of the case are that the appellant joined as Lower Division Clerk in the Economic Affairs Division on 16-09-1954. He was later promoted as Upper Division Clerk on 3-11-1961, and ad hoc Assistant on 16-5-1967. He was regularised against the departmental quota of Assistants on 22-2-1968. 4. The learned counsel for the appellant argued that in the final seniority list of Assistants issued on 1st June, 1982, the appellant was shown at serial No. 7 with his date of promotion as on 22-2-1968. However, a roster of vacancies in the cadre of Assistants (Economic Affairs Division) was later circulated vide…

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