Law:

Section:

Police Rules, 1934-------R. 13.18---Ante-dated confirmation---Entitlement---Representation of civil servant for ante-dated confirmation as Inspector was rejected by Competent Authority with observation that confirmation of a civil servant was made according to seniority-cum-fitness and availability of permanent post---Civil servant in view of his outstanding gallantry/valour in encounter with criminals and showing extremely outstanding performance, not only was recommended for award of Pakistan Police Medal Gallantry twice and for Award of Pride of Performance, but was duly recommended by Deputy Inspector-General for his ante-dated confirmation as Inspector due to his excellent performance---Civil servant was ignored in granting ante-dated confirmation, whereas his juniors were allowed such confirmation-Ante­dated confirmation was not actually out of turn benefit, but was a normal benefit admissible to civil servant under R. 13.18 of Police Rules, 1934, provided Competent Aut4ority had not reverted officiating Police Officer for unsatisfactory performance during probation period---Question of unsatisfactory performance was ruled out in case of civil servant as he enjoyed excellent record of service---No reason had been adduced on the part of Competent Authority as to why recommendation of Deputy Inspector­ General earlier made could not be accepted---Presumption, thus, would be that all conditions for confirmation of civil servant as Inspector by counting two years of officiating service of civil servant towards probation including availability of a vacancy, were fulfilled when Deputy Inspector-General concerned made strong recommendations in favour of civil servant---Claim for confirmation of civil servant as Inspector, thus, was independently justified under R. 13.18 of Police Rules, 1934---Civil servant, in circumstances, was held to be entitled for confirmation as Inspector from the date he claimed that confirmation. Asif Nazir Awan for Appellant. Ch. Manzoor Hussain, D.A. for Respondents. Date of hearing: 31st May, 1977. JUDGMENT MUHAMMAD ASLAM (MEMBER-I).---The appellant Mushtaq Hussain, D.S.P., C.I.A., Lahore was confirmed as A.S.I. on 13-6-1967, as S.I.…

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