Law:

Section:

(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--R. 8-B---Constitution of Pakistan (1973), Art. 212(3) ---Section Officers--­Fixation of seniority---Departmental promotees working on acting charge-basis claimed seniority higher than person qualifying competitive examination and assuming charge of the post---Regularisation of service of departmental promotees---Leave to appeal was granted to consider, whether on the basis of the material available on record, Service Tribunal had rightly found that services of such civil servants could not have been regularised from specified date. (b) Civil Servants (Appointment Promotion and Transfer) Rules, 1973--- ---R. 8-B---Twenty-four officers were directly inducted as Section Officers after qualifying competitive examination of 1988 ---About two hundred and sixty-nine persons having qualified requisite departmental examination since 1984, 1985 and awaiting promotion, were appointed as Section Officers on acting charge­ basis against existing vacancies---Question of regularisation and fixation of seniority of promotee officers was adequately resolved by a high powered Secretariat Committee and Notification dated 7-7-1990 was issued for causing regularisation of Section Officers, relating to promotion quota with effect from 31-12-1989---Validity---Held, Service Tribunal was justified in deleting operation of Notification dated 7-7-1990 with retrospective effect from 31-12-1989 and grievance of Section Officers directly recruited on 18-11-1989 was fully removed. (c) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 8-B---Constitution of Pakistan (1973), Art. 212(3)---Seniority---Inter se seniority between promotee officers and direct recruits---Service Tribunal while considering grievance of the appellant (direct recruit) had obtained actual figures from Establishment Division reflecting numerical strength of Section Officers in different zones up to 31-7-1995 which manifestly indicated that quota requirements were not violated ---Promotee officers who were duly regularised through impugned notification got promotion on 11-5-1991 against their specified quota---Officers directly…

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