Law:

Section:

Ch. A. Rehman Khan, Member; Syed Ally Madad Shah, Chairman and Misbah Ullah Khan, Member agreeing-- (a) Service Tribunals Act (LXX of 1973)-- --S.4--Civil service--Seniority--Surplus--Connotation--Civil servant's junior promoted to higher post--Civil servant's representation having not been replied to he filed appeal before Service Tribunal--Word "surplus"--Connotation--Civil Servant although senior to promoted person, yet he was denied promotion on the pretext that he had become surplus--Term "surplus" as used in the context of relevant posting orders would connote that the members of the surplus staff remained as permanent employees of Authority--When only a portion of the project was completed term `surplus' would not carry the same connotation as implied by the respondent department on basis of which civil servant was denied promotion--Shifting of a particular Division alongwith its staff, from one place to another clearly indicated that the work of the project was still in progress--Staff so indicated as surplus was at no occasion reverted to the surplus pool of respondent Authority--In such a situation civil servant's case would not fall within the purview of policy letter of specified date--Civil servant's change of assignment from one place to another or from one organisation to another did not detract from the continuity in his service--Civil servant thus was entitled to count his seniority from the day he joined the service in pursuance of his appointment letter and he would be entitled to the benefit of promotion earlier than that of promotee respondent. Ch. A. Rehman Khan, Member [Minority view] (b) Civil service-- --- Service Tribunals Act (LXX of 1973), S. 4--Seniority--Civil servant having joined service earlier than the promotee respondent was declared to be senior to the latter--Respondent promotee's promotion was set aside being illegal and ultra vires. Syed Ally Madad Shah, Chairman and Misbah Ullah Khan, Member [Majority view]-- (c) Civil service-- --- Service Tribunals Act (LXX of 1973), S. 4--Seniority--Promotion--Civil servant having joined earlier in service than the promotee respondent would be entitled to be senior to the respondent…

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