Law:

Section:

Civil service--- ---- Promotion---Basic consideration in all promotions was merit or suitability-­-Seniority of a civil servant which in substance was one of the elements in assessment of merit, could not be the sole factor for granting promotion. AIR 1962 Mad. 485 and M.A. Mogeem v. State of Mysore AIR 1963 Mys. 219 ref. Sardar Rafique Mahmood and Sheikh Abdul Aziz for Appellant. Addl. A.-G. for Respondents Nos. l and 2. Kh. Shahad Ahmad for Respondents Nos. 3 and 4. JUDGMENT SARDAR MUHAMMAD SAJAWAL KHAN (CHAIRMAN).---This appeal is directed against the Order No. Admin/A-26(5)/1111-21/82, dated 25-1-1982 and Order No. Admin/A-26(51)/85, dated 29-9-1985 of Services and General Admin1stration Department by which the posts of' respondents Nos. 3 and 4 were upgraded in Basic Pay Scale No. 19. 2. The relevant facts as are contained in the memo of appeal are that the appellant was originally appointed as Medical Officer in the year 1969 and was subsequently placed in National Pay Scale No. 17. He was promoted and placed in National Pay Scale No. 18 w.e.f. 1-10-1974. He attended graded specialist Army Health Services Course in the year 1976 and also passed his M.C.P.S. examination in the year 1978. Respondent No. 3 did his M.B.B.S. in the year 1971 and attended the graded specialist surgery course in the year 1976. He passed his M.C.P.S. examination in the year 1980 and was inducted in service in National Pay Scale No. 17 on 14-12-1971 for the first time. He was placed in Grade-18 on 1-10-1974 alongwith the appellant while the respondent No. 4 was appointed as Medical Officer on 30-7-1973 and he attended graded specialist surgery course in 1976. He passed his F.C.P.S. examination in the year 1980 and was subsequently promoted and placed in Grade No. 18 w.e.f. 13-3-1975 and in Grade-19 w.e.f. 6-12-1981. The appellant claims himself senior to the respondents Nos. 3 and 4 and brought a review petition against the impugned order before the Government. But he was not successful and his review petition was dismissed. Feeling himself aggrieved by the orders of promotion and up-gradation of respondents Nos. 3 and 4 and the dismissal of his review petition, the appellant…

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