Law:

Section:

(a) Sindh Civil Servants Act (XIV of 1973)-------Ss. 8 & 9---Constitution of Pakistan (1973), Art. 212(3)---Seniority--­Promotion---Denial of seniority/promotion---Civil servant's Departmental appeal relating to his seniority/promotion was accepted after his retirement--­Civil servant claiming back benefits---Entitlement---Leave to appeal was granted to consider, as to whether civil servant was entitled to any financial benefits flowing from Notification of assigning his seniority in absence of retrospective promotion. (b) Sindh Civil Servants Act (XIV of 1973)--- ----Ss. 8 & 9---Civil servant---Denial of seniority---Promotion---Issuance of notification in pursuance of civil servant's Departmental appeal whereby his entitlement to seniority/promotion was accepted---Civil servant having retired by then, claimed financial benefits flowing from Notification assigning him seniority in absence of retrospective promotion---Relevant Notification would indicate that civil servant would be deemed to have been promoted when his junior was promoted---Civil servant would, thus, be entitled to financial benefits from the date when he should have been promoted up to the date when he was actually promoted--.-Civil servant; having unblemished record of service and his A.C.Rs. being good he should have been selected for higher post on account of his seniority-cum-fitness--­Department concerned was directed by Supreme Court to place civil servant's case before Departmental Promotion Committee with all relevant A.C.Rs. Which would consider civil servant's case for promotion, and if found fit he would be entitled to financial benefits arising there from. The Province of the Punjab through the Secretary, Services and General Administration, Lahore v. Syed Muhammad Ashraf 1973 SCMR 304; Syed Sultan Shah v. Government of Balochistan and another 1985 SCMR 1394; Mrs. Aqeela Asghar Ali and others v. Miss Khalida Khatoon Malik and others PLD 1991 SC 1118 and Abdul Jabbar Khan v. Government of Sindh through Chief Secretary, Karachi and 5 others 1996 SCMR 850 rel. M.M. Aqil, Advocate Supreme Court and N.C. Motiani, Advocate­on-Record for Appellant. Munib Ahmed Khan, Additional…

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