Law:

Section:

Constitution of Pakistan (1973)-------Art. 212(3)---Promotion---Civil servant had fulfilled all qualifications for regular promotion with effect from June 1985---Service Tribunal while dismissing civil servant's appeal took the view that eligibility was not consideration for promotion but suitability and fitness of a person to a particular post---Case of Department was that civil servant was not eligible to be considered in Departmental Promotion Committee meeting held on 5-7-1988 and he was promoted on his turn on seniority-cum-fitness basis on 27-5-1991---Civil servant was, thus, not considered for promotion by Departmental Promotion Committee on 5-7-1988---Service Tribunal had clearly misread the Department's stand---Department's stand was not that civil servant was not found fit for promotion but that he was not eligible---Civil servant having possessed requisite qualifications for promotion with effect from June 1985; prima facie, he was eligible for consideration for regular promotion against quota reserved for such qualified persons---Leave to appeal was granted in circumstances. ORDER ABDUL QADEER CHAUDHRY, J.---Leave to appeal has been sought against the judgment of the Federal Service Tribunal, dated 6-7-1993. 2. The facts in brief are that the petitioner joined T&T Department, as a Telecom. Technician in 1966, He was promoted to the post of Engineering Supervisor (B-11) with effect from 1-8-1977. By Gazette Notification dated September 2, 1981, the Sub-Engineer, eligible for promotion to BPS-16 should possess Diploma in Engineering or B.Sc. should have rendered 10 years service in T&T Department and should have also passed the qualifying examination. 25 per cent quota was reserved for persons holding B.Sc. Degrees; the remaining 75% posts of Assistant Engineers (BPS-16) had to be filled in on seniority-cum-fitness basis. It is submitted by the learned counsel that in accordance with SOR-1977(1)/81, dated 15-8-1981, the petitioner fulfilled all qualifications for regular promotion as Assistant Engineer/SDO (BPS-16)…

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