Law:

Section:

(a) District Management Group Merger (Seniority) Rules, 1981---- Rr. 2 & 3 --- Constitution of Pakistan (1973), Art. 212(3) --- Leave to appeal was granted to examine the question of civil servant's seniority vis-a-vis the civil servants working in D.M.G. Group with reference to Rr.2 & 3, District Management Group Merger (Seniority) Rules, 1981. (b) Civil Servants Act (LXXI of 1973)... ---- S.8 --- Scope and interpretation of S.8, Civil Servants Act, 1973. (c) Civil service --- ---- Promotion --- No provision exists which provides that promotion from B-17 to B-18 shall be automatic upon the expiry of the prescribed period of eligibility, namely rive years --- ESTACODE, 1989 Edn., Part II, para.1, p.247. (d) District Management Group Merger (Seniority) Rules, 1981--- ---- Rr. 2 & 3 --- Seniority --- Civil servant who was commissioned in the Army was inducted in the Tribal Area Group in B-17 --- Civil servant completed his five years' service and became eligible for consideration for promotion to B-18 --- No seniority list of the officers working in B-17 in Tribal Areas was prepared --- Civil servant was not qualified to be promoted from B-17 to B-18 in view of adverse entries in his A.C.Rs. for the period from 1-6-1978 to 21-12-1978; 1-11-1979 to 24-5-1979 and 26-5-1979 to 24-8-1979 --- Departmental Promotion Committee recommended the civil servant for promotion when the said adverse remarks were expunged by the Competent Authority --- Prior to the promotion of civil servant Tribal Areas Group was merged with District Management Group--- Civil servant was ordered to be promoted retrospectively i.e. from the date on which his immediate junior was promoted on the basis of meeting held by the Departmental Promotion Committee on 10-8-1980 --- No prejudice, held, had been caused to the civil servant on, account of non-preparation of the seniority list of the officers working in B-17 in Tribal Areas Group immediately upon joining of the service in circumstances --- Civil servant, therefore, was not entitled to anti-dating of his seniority to 4-10-1979 when he completed five years' service in B-17 and could not claim seniority in B-18 over the civil…

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