Law:

Section:

(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ---R. 8-A---[inserted vide Establishment Division Notification No. S.R.O. 41(1)/81, dated 12-1-1981]---Promotion---Formula of length of service--­Applicability---Minimum length of service for eligibility for various cadre appointments---Civil servant was appointed by way of lateral entry examination and his appointment was deemed to be initial appointment---Civil servant as per length of service formula, prescribed in Notification dated 12-1-1981, sought promotion from Grade-19 to Grade-20, which required only five years since in Grade-19---Government on basis of subsequent Notification dated 2-6-1983, declined promotion to civil servant while his juniors were promoted---Criteria for length of service laid down in Notification dated 2-6-1983, however, was not applicable when civil servant's case was considered in 1982---Civil servant's promotion was thus, wrongly deferred and his promotion in Grade-20 was to be reckoned from 25-2-1983 for all purposes viz. monetary benefits and even seniority and other benefits which he was deprived of by wrong decision of deferring his promotion. (b) Service Tribunals Act (LXX of 1973)---- -----S. 4---Appeal---Limitation---Departmental representation was submitted by civil servant within requisite period of thirty days against impugned order and appeal was filed within 120 days of that representation, such appeal was thus, within period of limitation. Appellant in person. Sardar Muhammad Amir Akbar Khan, Standing Counsel for Respondents. Date of hearing: 12th May, 1992. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).---Appellant Mr. Makhdoom H. Chaudhri, while serving as Director Accounts, Economic Affairs Division, was appointed to officiate as Deputy Secretary to the Federal Government in the same Division vide Notification dated 27-6-1974. In December, 1982, promotions were made to the posts of Joint Secretaries and equivalent (BPS-20). Several officers junior to the appellant were promoted to BPS-20 with effect from 25-2-1983, whereas the promotion of the appellant was deferred on the ground that he had not put in requisite service of 12 years in B-17 and…

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