Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--S. 9---Constitution of Pakistan (1973), Art. 212---Promotion---Promotion after coming into force of Civil Servants Act, 1973---Order of civil servant's promotion showed that same was not ad hoc or subject to clearance of Selection Board---No reason was pointed out as to why civil servant should not be given seniority from specified date when order of his promotion was passed---Civil servant's seniority was, thus, counted from the date of his order of promotion. (b) Civil Servants Act (LXXI of 1973)--- ----S. 2---Appointment---Probation---Ad hoc appointment---Appointment on probation was not synonymous with ad hoc appointment, which word was not in existence before introduction of Administrative Reforms in 1973---Letters of promotions of civil servants although contained of appearing before Selection Board, yet civil servants were never called upon to appear before Selection Board for a period of over 15 years, therefore, they could not be penalised for failure of Authorities to constitute Selection Board to examine their fitness--­Civil servants were, thus, entitled to promotion in circumstances. (c) Civil Servants Act (LXXI of 1973)--- ----Ss. 2(1)(a) & 6---Constitution of Pakistan (1973), Art. 212---Word "ad hoc appointment" was introduced in sphere of service laws by Cl. (a) of subsection (1) of S. 2, Civil Servants Act, 1973, while civil servants concerned were promoted on 23-5-1969, i.e. much earlier than word "ad hoc appointment" was incorporated in Service Laws---Civil servant's appointment by promotion, therefore, could not be on ad hoc basis---Word ' ad hoc' was lacking in impugned order whereby civil servants were promoted---Words used in civil servant's promotion order were "promoted to officiate" and that "they will be on probation for six months" ---Civil servants at the end of probation period were either to be continued in their posts or were to be reverted to posts which they were holding prior to promotion depending on their satisfactory reports---Civil servants' continuation on specified posts even beyond period of six months would indicate that they had earned satisfactory reports---At the expiry of…

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