Law:

Section:

NorthWest Frontier Province Civil Servants Act (XVIII of 1973)S. 9NorthWest Frontier Province Service Tribunals Act (I of 1974), S.4Departmental promotion EssentialsPromotees' entitlement to be considered for promotion with effect from the date when vacancies in their quota became availableCivil servant possessing such minimum qualifications as might be prescribed would be eligible for promotion to a higher post for the time being reserved under the rules for departmental promotion in the service or cadre to which he belongedParties had agreed that appellants' (promotees') case be remanded to Department to grant promotion to promotees with effect from the date when vacancies in their quota became availableSuch being the legal position, Service Tribunal directed Department that promotees should be considered for promotion with effect from the dates when vacancies in their quota became available and thereafter, a joint seniority list of officials directly recruited and those promoted should be issued according to rules. JUDGMENT HIDAYATULLAH KHAN (MEMBER): This appeal has been filed by Mushtaq Ahmad Assistant, Finance Department, N: W.F.P., Peshawar and 6 others, against the order dated 1751992, whereby the appellants have been promoted to the rank of Assistants BPS11, with immediate effect instead of 1751992. It has been prayed that the respondents may be directed to modify/correct the abovesaid order to the extent of giving effect to the same from the date when the posts of Assistants had become available according to the Notification dated 21121982 laying down the method of recruitment and in consequence thereof the appellants may please be declared entitled to all the ensuing benefits. 2. The facts of the case as narrated in the appeal are that the appellants were appointed as Junior Clerks and thereafter were promoted as Senior Clerks, after having undergone the requisite formalities for promotion. According to the Notification dated 21121982, the posts of Assistants were required to be filled in at the ratio of twentyfive percent by initial recruitment and seventyfive percent by promotion on the basis of seniority­cumfitness, from amongst the holders of the…

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