Law:

Section:

(a) Civil service--- ----Promotion---Civil servant, being a Doctor was working in BPS-17 on regular basis since 1973 and in pursuance of Prime Minister's order he was upgraded to BPS-18 alongwith other Doctors in 1974---Subsequent to promotion in BPS-18, civil servant was transferred as Demonstrator in Medical College where he continued to be in general cadre of Medical Officer for about ten years, but in 1985 on his application he was selected for the post of Assistant Professor in BPS-18 through Public Service Commission---Later on in 1990 once again Prime Minister issued directive that all Medical Officers who were promoted to BPS-18 in 1974, be further promoted to BPS-19---In implementation of Prime Minister's directive all promotees of 1974 including civil servant were promoted to BPS-19, but civil servant who though was promoted in BPS-19 was denied payment of emoluments carried by promotees in that grade by Finance Department and such denial had been challenged by civil servant---Civil servant, no doubt was one of the promotees of year 1974 who according to directive of Prime Minister was eligible for promotion to BPS-19, but civil servant after his promotion in BPS-18, was inducted in post of Assistant Professor after his selection through Public Service Commission--­After induction in post of Assistant Professor civil servant was working in Teaching Cadre and not as Medical Officer and was working as such when further directive of Prime Minister was received for further promotion in BPS-19 which was in respect of Medical Officers---Civil servant who had left general cadre of Medical Officers, could not expect his promotion to BPS-19 in terms of Prime Minister's directive as that directive was meant for doctors of General Cadre while civil servant did not possess required eligibility after his selection in Teaching Cadre---Finance Department, in circumstances, had rightly refused to give its consent for allowing benefits of BPS-19 to civil servant. (b) Civil service--- ----Promotion---Promotion could not be claimed as a matter of right---Allowing higher scale of pay was nothing but a sort of promotion, which could be allowed only by Competent Authority,…

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