Law:

Section:

Service Tribunals Act (LXX of 1973)------S.4---Fundamental Rules, F.R.29---ESTACODE, Items Nos.(i) to (vi)-- Promotion---Ante-dated promotion---Entitlement---Civil servant appointed as Lower Division Clerk, B-5 was promoted as Upper Division Clerk but later on he was involved in some disciplinary proceedings which culminated into his compulsion, retirement from service---Departmental Authority on acceptance of appeal of civil servant, converted-penalty of his compulsory retirement from service into his reversion to post of Lower Division Clerk, but specific period during which reversion of civil servant was to remain effective, was not specified as required under F.R. 29 of Fundamental Rules­--Civil servant was considered by Departmental Promotion Committee for promotion, but due to non-completion of 3 years of service was not approved---Civil servant who, later on, was promoted temporarily as Upper Division Clerk (B.P.S.-7) claimed ante-dated promotion from date when his colleagues junior to him were promoted and also claimed that he was not required to wait for three years as he was not freshly appointed ---Validity--­Civil servant could not be promoted as claimed by him for the reason that he had a blemish record and did not fulfil requirement of Items Nos.(i) to (vi) of ESTACODE and he had to show good performance as least for full year--­Case of civil servant was remanded to Departmental Authority for consideration of Departmental Promotion Committee as to whether civil servant deserved promotion from date his juniors were promoted and to pass appropriate/just order. 1982 PLC (C.S.) 451 and PLD 1987 SC 427 ref. Aminur Rehman Khan for Appellant. Date of hearing: 19th May, 1998. JUDGMENT MUHAMMAD AYUB KHAN (MEMBER). ---Facts of the case, as appeared from the record, are that the appellant was appointed LDC, B-5, on 13-11-1972 in the Planning and Development Division, Islamabad, he was later on promoted U.D.C. on 22-5-1983. The appellant, it appears, was involved in some disciplinary proceedings which ultimately culminated into his compulsory retirement from service on 24-11-1993 but the departmental authority, on acceptance of his appeal, converted the…

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