Law:

Section:

(a) Civil service------- Adverse remarks ---Expunction---Effect on promotion---Mere expunction of adverse remarks, would not ipso facto entitle a civil servant for higher grading unless and until his A.C.R. was upgraded. 1985 SCMR 1410 ref. (b) Civil service-- ---- Annual Confidential Report---Validity---Reporting Officer, requirements to be---Annual Confidential Report of civil servant should be written by an officer who was higher in rank and well-conversant with the work of civil servant----Such reports written by person who was holding similar post and status as that of civil servant was invalid. (c) Service Tribunals Act (LXX of 1973)--- ----S. 4---Civil Servants Act (LXXI of 1973), S. 22---Promotion---Claim for---Pro forma promotion could not be claimed as of right and it was for the Department to see whether a civil servant could be granted pro forma promotion or not---Service Tribunal ordinarily would not interfere with the exercise of such discretionary powers of concerned Departmental hierarchy as it had been barred by S. 4 of Service Tribunals Act, 1973 and S. 22 of Civil Servants Act. 1973. 1986 PLC (C.S.) 174; 1985 PLC (C.S.) 28; PLD 1980 SC 22; 1991 . SCMR 1129 and PLD 1994 SC 539 ref. Hafiz S.A. Rehman for Appellant. Khalid Abbas alongwith Muhammad Rashid Sheikh, Section Officer M/O Defence. Date of hearing: 26th May, 1996. JUDGMENT MUHAMMAD ISMAIL (MEMBER).---The appellant, Noor Muhammad Haleem, was serving as Meteorologist (BPS-18) in the Meteorological Department when a seniority list was circulated in April, 1973, placing him at Serial No. 34 and respondent No. 4, Abdul Majid, at Serial No. 35. Subsequently a revised Seniority List of Deputy Director/Senior -Meteorologists was circulated in 1984, wherein too the appellant was shown senior to him as his name appears at Serial No. 6 while of respondent No. 4 at Serial No. 7. However, when the Central Selection Board-11, in its meeting held on 26-2-1995, considered the appellant alongwith respondent No. 4 for promotion to the post of Director (BPS-19), it did not clear him as his score was less than the requisite threshold of 60 marks. The appellant was superseded several times but lastly when…

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