Law:

Section:

Civil service----- Ante-dated promotion---Entitlement---Civil servant who initially worked as Income Tax Officer, was promoted to B-18 and, later on, after qualifying Departmental examination, he was promoted to B-19 as Assistant Commissioner of Income-tax on acting charge basis---Subsequently, when number of other officers were promoted to B-19 on regular basis, civil servant was ignored and he was superseded by five officers junior to him--­Civil servant was, however, promoted to B-19 on regular basis after one year of said promotion of co-civil servants/junior officers---Civil servant claimed antedation of his promotion, but his claim was rejected by Appellate Authority despite he had got a fair good service record and was eligible for promotion at the time when his juniors were promoted---Authority could not prove any instance adverse to performance of civil servant or any adverse report during entire length of his service---Earlier promotion of civil scream on acting charge basis, had proved his eligibility and fitness for promotion and civil servant who- was promoted on regular basis after one year of promotion of his juniors, considering him fit for promotion, was also fit for promotion one year before when his juniors were promoted---Authority having failed to justify supersession of civil servant, Service Tribunal accepting appeal of civil servant directed that civil servant should be deemed to have been promoted with effect from date when his juniors were promoted with all consequential benefits. Manzoor Ali Khan for Appellant. Niaz Ahmed Khan, Standing Counsel alongwith G.M. Riaz, Second Secretary, D.R. for Respondents. Date of hearing: 27th December, 1997. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).---The appellant has been working in the Income Tax Department since 1971. Initially he worked as Income-tax Officer and then he was promoted in 1976 to B-I8 after qualifying departmental examination in December, 1982. Then he was promoted to B-19 as Assistant Commissioner, Income Tax on acting charge basis. On 10-7-1984, 27 officers were promoted to B-19 on regular basis and the appellant was ignored. In October, 1984, other batchmates of the appellant were…

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