Law:

Section:

Civil service--- ----Promotion---Civil servant joined service as Librarian in BPS-16, but later on after obtaining Master's Degree in library science he was appointed as Librarian in BPS-17 on regular basis through Notification---Later on Notification according to which civil servant was promoted in BPS-17 was amended by another Notification whereby appointment of civil servant as Librarian in BPS-17 was approved on acting charge basis with effect from the date he was appointed in BPS-17---Civil servant continued to serve on acting charge basis, but later on his appointment in BPS-17 was confirmed not from the date when he was appointed in that scale on regular basis but was confirmed after about 9 years from such appointment---No civil servant having had already been appointed as Librarian in BPS-17 on regular basis through Notification, no formal order of promotion in that scale was required even if he was later on appointed on acting charge basis, especially when he had already been promoted in that scale after obtaining Master's Degree in Library Science---Civil servant, in circumstances, was entitled to all consequential benefits of BPS-17 with effect from date when he was appointed by competent Authority as Librarian in BPS-17 on regular basis vide Notification. Shamshadullah Cheema for Appellant. M. Javaid Aziz Sandhu, Standing Counsel for Respondents. Date of hearing: 20th July, 1994. JUDGMENT MUHAMMAD ISMAIL (MEMBER).---The appellant, Muhammad Rashid, Librarian, F.G. Sir Syed College, Rawalpindi, is aggrieved by the order of the respondents contained in Notification dated 5-1-1993 whereby he was promoted as Librarian in (BPS-17) with effect from 19-12-1992. After exhausting the departmental remedy, he has filed the present appeal before this Tribunal under section 4 of the Service Tribunals Act, 1973, with the following prayer.--- "(a) Accept the appeal and promote the appellant with effect from 12-1-1983 in BPS-17 on regular basis and all benefits including move­-over according to the Gazette Notification dated 31-1-1983 issued by Competent Authority i.e. respondent No. 2 with consultation of respondent No. 1. (b) Declare the Gazette Notification…

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