Law:

Section:

Constitution of Pakistan (1973)-------Art. 212(3)---Promotion---Civil servant (petitioner) had not taken any steps to challenge the statement of fact alleged by the department before the Service Tribunal by way of rebuttal---No flaw or legal infirmity was found in the reasons assigned by the Service Tribunal in dismissing appeal of civil servant--­Civil servant himself opted for a specific post and declined to accept promotion in the department for 14 months and in such circumstances official next junior to him was promoted---Promotion was to be made on the basis of seniority and since other employees were senior, they were promoted before the civil servant (petitioner)---Claim of civil servant (petitioner) for promotion on the basis of seniority in the cadre thus was rightly rejected by the department and no exception could be taken to dismissal of his service appeal before Tribunal--­Petition for leave to appeal against the promotion of other employees was dismissed in circumstances---Civil servant (petitioner), however, could seek his reversion to his original cadre and then agitate question of his seniority before the department in accordance with the Rules. [p. 567] A & B Government of Punjab and others v. Muhammad Owais Shahid and others 1991 SCMR 696 distinguished. ORDER SAJJAD ALI SHAH, J.-Petitioner was appointed as an Assistant in BPS-11 in the Directorate-General, Immigration and Passport on 10-5-1976 and was granted selection grade in BPS-15 on 1=4-1988. In the tentative seniority list of Assistants issued on 24-7-1979, petitioner was placed at S.No.36 as direct recruit. He opted for the post of Examiner subject to the condition that his pay in BPS-15 would be protected and he was so promoted vide order dated 18-8-1990. He was further promoted as Assistant Incharge (BPS-15) vide office order dated 29-11-1990 but he made representation and claimed therein for promotion as Superintendent (BPS-16). He was informed that if he did not accept promotion as Assistant Incharge, he would lose his seniority for further promotion as Superintendent. Against such stand he filed representation which was dismissed by the department and then he filed service…

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