Law:

Section:

Civil service--- ----Promotion---Civil servant was promoted firstly to BPS-18 then to BPS-19 and finally to BPS-20---Civil servant, who in view of his seniority and performance at several stations and in various capacities expected promotion to BPS-21, but was not considered for such promotion---In response to his departmental appeals and representation civil servant was informed that Central Selection Board having recommended civil servant for supersession ---Refusal of department to take further action on his representation, having affected terms and conditions of service of civil servant, he challenged order of Department by way of appeal to Service Tribunal under S. 4 of Service Tribunals Act, 1973--­Appeal filed by civil servant though suffered from certain technical infirmities such as non-joinder of necessary parties and misjoinder of parties which neither were necessary nor appropriate, but it could not be ignored that civil servant had at his credit a long experience of more than thirty years with excellent service record---Chart of comparative performance evaluation analysis supplied by Authority with comments, clearly showed that civil servant had got "outstanding" report, six very good reports, almost twenty good reports and only four average reports, but not a single adverse entry was found against civil servant during such a long span of service---Apart from that during period he was working in BPS-20, he had all along been considered fit for promotion--­Despite all such brilliant service record, with no stigma any where, civil servant was stamped as "superseded" on two occasions---Service Tribunal being first and last forum for the appreciation of facts, accepted appeal filed by civil servant notwithstanding technical defects and infirmities in that appeal and remanded case to reconsider entire performance evaluation of civil- servant and to reconsider case of civil servant for promotion to BPS-21 after affording civil servant opportunity of hearing. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).---The appellant is a senior officer of the Accounts Service having joined the Finance Services Academy on December 15, 1965. He was promoted to BPS-18 in April,…

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