Case Details

Citation(s)
1996 SLG 761 1996 SLD 761 1996 PLC 1049
Federal Service Tribunal, Islamabad
Appeal No. 91(R) of 1995; decided on 18-06-1995, hearing DATE : 15-06-1995
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, NOOR MUHAMMAD MAGSI, AFTAB AHMAD AND ROSHAN ALI MANGI, MEMBERS

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KHURSHID AHMED

VS

SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI and others KHURSHID AHMED Vs SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI and others

Law:

Section:

Civil service--- ----Promotion--Promotion with retrospective effect---Civil servant was appointed as Lower Division Clerk in Grade-5 and was posted as 'Key Punch Operator' and he continued for about eight years in that post and grade---Civil servant was offered post of Upper Division Clerks in Grade-7, but he did not accept that offer and continued working as Key Punch Operator---Subsequently when civil servant passed his F.A. Examination, he claimed that he should be given promotion first as Upper Division Clerk then as Assistant with retrospective effect from date his juniors were promoted---Held, since civil servant did not apply for his promotion on basis of his qualification arid he himself did not accept offer of promotion which was due on basis of seniority-cum-fitness, promotion with retrospective effect, could not be granted to him. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN). ---The facts of this appeal are that the appellant was appointed in Grade-5 with effect from 9-5-1963 as LDC in the Office of COFA, Wah Cantt. On 16-7-1965, he was posted as Key Punch Operator, where he continued till 1973 when he was offered the post of UDC in Grade-7 vide order dated 15-3-1974 and at the time of offer he was in Grade-6. He did not accept this offer and continued working as Key Punch Operator. Subsequently on 23-10-1979 he was promoted as UDC at his own request. The appellant has come with the grievance that he was…
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