Law:

Section:

Civil Servants (Appointment, Promotion and Transfer) Rules, 1977--- ----R. 7---Rules of Business, R. 5(14)---Promotion---Promotion of civil servant in BPS-21 was approved by Prime Minister on recommendatory note .of Information Minister, but as case of civil servant was not processed through normal channel of Central Selection Board as required under Rules, no notification regarding such promotion was issued, whereas of co-civil servant who was duly recommended by Central Selection Board was approved by Competent Authority---Establishment Division which was within jurisdiction to point out contravention of law, rule or policy, referred case of civil servant to Ministry of Information to review his case as his case was not processed through normal channel of Central Selection Board and it was a gross violation of rules---Civil servant had challenged such reference contending that his promotion having been made in special circumstances by Prime Minister, order of his promotion should have been implemented without any objection--­According to procedure for appointment and promotion of civil servant as prescribed under R. 7 of Rules, it was requirement of law that promotion of civil servant in BPS-19 to BPS-21 should be processed and routed through Central Selection Board and any promotion made otherwise could not be deemed to be regular promotion in the eyes of law---Promotion of civil servant in BPS-21 having been made in violation of relevant rules, his case was rightly referred t6 the Competent Authority by Establishment Division. PLD 1991 SC 58 ref. Dr. G.S. Khan for Appellant. M. Javid Aziz Sandhu, Standing Counsel for the Government. Respondent No. 4 in person. Date of hearing: 24th October, 1994. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---The facts of this appeal are that the appellant Mr. Syed Anwar Mahmood joined service on 27-11-1971 as C.I.S. Probationer in the junior Class-I scale, in the Ministry of Information and Broadcasting, vide Notification dated 30-11-1971. He was promoted to Grade-18 as Information Officer with effect from 3-1-1976 and then posted as Deputy Principal Information Officer in Grade-18 with special pay of Rs.10() with effect…

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