Law:

Section:

(a) Supreme Court Rules, 1980--O. XX, R.3---Respondent's absence at hearing of appeal despite his service at time of admission of appeal---Effect---Notice sent by office of Court to respondent was sent to his place of posting and he had duly received it and acknowledged the same---Sufficient compliance of Rules had thus, been made but respondent did not choose to make any arrangement to contest appeal--­Court could proceed to hear appeal in absence of respondent in circumstances. (b) Civil Servants Act (LXXI of 1973)--- ----S. 3---Terms and conditions of service of civil servant would be in accordance with provisions of Civil Servants Act, 1973 and Rules framed there-under. (c) Civil Servants Act (LXXI of 1973)--- ----S. 8(2)---Seniority, reckoning of---Seniority of civil servant- would be reckoned in relation to other civil servants belonging to same service or cadre. (d) Civil service--- ----Seniority---Respondent civil servant being junior to appellant civil servant, was promoted while appellant's case was not even considered for promotion--­Appellant's right could not be abridged---Condition attached in letter of his transfer abroad, that during his posting, abroad, his case would not be considered for promotion, was illegal---Appellant had remained in service without any break---Appellant had returned to his duty in Pakistan, when his junior was promoted---Fact that he was on leave when case of promotion was considered would in no way render him to be ignored for promotion on any principle of law---Respondent Authority was directed to consider promotion of appellant/civil servant. JUDGMENT ABDUL QADEER CHAUDHRY, J.---This appeal by leave of the Court has been filed against the judgment of the Federal Service Tribunal, dated 30-8-1988. 2. The facts of .the case are that the appellant and respondent No.l were employed as Assistants in the Department 'of Bureau of Emigration of Overseas Employment, Government of Pakistan. The appellant was senior to respondent No.l. The appellant had been transferred to the office of Labour Attache as Community Welfare Attache, Embassy of Pakistan, Dubai, vide Manpower Division Memorandum dated 16-4-1979. While posting him…

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