Law:

Section:

Civil service------ Ante-dated promotion---Entitlement---Civil servant who was senior most Deputy Solicitor and was quite eligible and qualified to be promoted to post of Solicitor which post was to be filled 100% by promotion, was not promoted to that post earlier when same fell vacant, but was promoted after about four years from his due promotion---Injustice had been done to civil servant as his due promotion had been delayed by Authority on one pretext or the other without any fault of civil servant---Civil servant having been prevented for no fault of his, to work on a higher post for which he was eligible and also qualified, was 'entitled to ante-dated promotion with retrospective effect from date when the post of Solicitor fell vacant earlier. 1993 PLC (C.S.) 1404; 1985 SCMR 1158 and 1973 SCMR 304 ref. Appellant in person. M. Javid Aziz Sandhu, Standing Counsel alongwith Ghayyur Abbas, Assistant, Establishment Division for Respondent-Department. Date of bearing: 25th November, 1996 JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN). ---Appellant Mr. Muhammad Akhtar is presently working as Solicitor (BPS-20) in the Law and Justice Division. He was promoted from the post of Deputy Solicitor vide Notification, dated 8th August, 1995 and this promotion was subject to complete training course of NIPA. His case is that the post of Solicitor (BPS-20) fell vacant on 30-6-1991 when the contract of Mr'. S.A.M. Wahidi was over and since the post was to be filled 100% by promotion and he being fully eligible for promotion as Solicitor, is entitled to ante-dated promotion from that date as his case was not deliberately processed in spite of directions of the higher authorities. 2. The appellant argued his case and submitted that the post of Solicitor is 100% by promotion, but he was deprived promotion as contract was given to Mr. S.A.M. Wahidi contrary to the rules. He submitted that he was filly eligible for the said post and he made so many representations but with no result, and due to some difficulties he could. not come before the Tribunal but since he has now been promoted, his promotion may be ante­dated as Solicitor (B-20) from the date he was eligible and post was…

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