Law:

Section:

Civil Service---- ----Promotion---Payment of arrears---Civil servant who was appointed as Medical Officer in BPS-17 on regular basis was selected for appointment as Medical Officer abroad---Civil servant after relinquishing charge abroad returned and resume his duty in Pakistan ---Batchmates of civil servant who were junior to him in the meantime were promoted to BPS-18 and subsequently civil servant was also promoted retrospectively with effect from date from which his juniors were given promotion, but his promotion was without back benefits---Contention of Authority that since civil servant was not physically available in the country to take charge of post and that selection grade was not a promotion he had no basis as he was deputed to serve abroad under orders of Government and not on his own volition---Civil servant had been granted ante-dated promotion with benefit of fixation of pay in BPS-18 which had clearly recognised his eligibility and entitlement him to get benefit of a higher post---Denial of payment of arrears to which civil servant was entitled was without sound reasons---Authority wars directed to pay arrears to civil servant for the period claimed by him. 1973 SCMR 304; 1993 PLC (C.S.) 1017; Government of the Punjab v. Muhammad Awais Shahid and others 1991 SCMR 696 and 1985 SCMR 1394 ref. Shah Abdur Rashid for Appellant. Zakaullah Jan, Section Officer, Establishment Division and Mrs. Farzana Shaheen, Section Officer, Finance Division, D.Rs. for Respondents. Date of hearing: 12th October, 1993. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---The facts of the case are that the appellant was appointed as Medical Officer (BPS-17) on adhoc basis on 18-4-1978 and on clearance by the Federal Public Service Commission, his appointment was regularised with effect from 22-5-1978. While he was serving in the Federal Government Services Hospital, he was selected for appointment as Medical Officer in Jeddah Dispensary and he was relieved from his duties with effect from 29-5-1985, vide order dated 7-7-1985. The appellant took up his assignment at Jeddah on 8-6-1985 and was designated as 3rd Secretary vide letter of appointment dated 13-5-1985. The appellant…

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