Law:

Section:

Civil Service--- ----Promotion---Employee, despite having been declared senior to co­employee, was not found eligible and entitled for Selection Grade when his juniors were given such grade---Employee having been declared senior to co­employees in list issued by Department in consultation with Establishment Division, should not have been ignored/superseded from consideration of promotion when his juniors had been given promotion especially when his service record had been stated by Departmental Representative as good and satisfactory. M.S. Siddiqi for Appellant. Kh. Shahid Kazmi, Section Officer and Muhammad Ashfaq, Superintendent, D.Rs. Respondent No. 5 in person. Date of hearing: 4th April, 1993. JUDGMENT RANA RIFAT SAEED (MEMBER): --The appellant and the following private respondents (i) A.D. Ansari, Appellant. (ii) Ghulam Rasool, respondent No. 2. (iii) Muhammad Ashraf, respondent No. 3. . (iv) Muhammad Saeed, respondent No. 4. (v) Muhammad Azim, respondent No. 5. had been working as Stenographers in the Ministry of Commerce during 1971.Respondents 2 to 5 had come through the CPSC/FPSC, whereas the appellant had joined as ad hoc/direct appointee in the Department. The learned counsel had referred to a provisional seniority list of Stenographers issued on 21-11-1988, wherein the serial seniority numbers of the appellant and of the private respondents 2-to 5 were as under: (a) Ahmad Din Ansari,-appellant at Sl. 7 (b) Ghulam Rasool, Sl. 1 (c) M. Ashraf, respondent, Sl.2 (d) M. Saeed respondent, Sl.3 (e) M. Azim respondent, Sl.4 The appellant had made a representation challenging the seniority of these respondents, his point of view had been accepted by the respondents­ Department and a final seniority list had been issued on 30-1-1992. wherein the appellant had been shown senior to the private respondents as under: (i) Ahmad Din Ansari, appellant at Sl.3 (ii) Ghulam Rasool, respondent 2, Sl.5 (iii) M. Ashraf, respondent 3, Sl.12 (iv) M. Saeed, respondent 4, Sl.13 (v) M. Azim, respondent 5, Sl.14 3. The learned counsel for the appellant had argued that initially during 1971 the respondents 2 to 5 had been given Selection Grade as Stenographers and the appellant…

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