Law:

Section:

(a) Civil service------Promotion---Civil servant who was promoted as Stenographer (BPS-15) from stenotypist in Service Tribunal had challenged upgradation of co-civil servant as Reader from BPS-11 to BPS-16 and had claimed that being senior in grade of BPS-15 as compared to co-civil servant, he had a preferential right to be promoted as Reader BPS-16---Civil servant had based his entire claim on the office memorandum whereby the post of Reader was upgraded from BPS-11 to BPS-16---Said Office Memorandum was simply a communication of the approval by the Competent Authority regarding the upgradation of the posts of Readers which posts were already in existence and were occupied by incumbents prior to issuance of said Office Memorandum---Said Office Memorandum, thus, would not amount to rule for initial appointment or for promotion of the civil servant under the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---Upgradation of a post was entirely different than framing of rules for direct recruitment or for promotion---Claim of civil servant that he, having been placed in BPS-15 prior to co-civil servant, was senior to co-civil servant and had preferential right to be considered for promotion, was rejected as seniority was never considered on the basis of scale of pay, but was considered on the basis of posts and cadres---Civil servant and co-civil servant belonged to two distinct cadres, there could be no concept of seniority inter se in two different cadres---Claim of civil servant on basis of grant of BPS-15 earlier, thus, had no substance---Civil servant, in circumstances was not t eligible for consideration to be promoted as Reader as claimed by n him. (b) Words and phrases-- ----"Non-Graduates"---Interpretation of---Term "non-Graduate" was an ambiguous one, but it could be interpreted in view of local terminology---Student who qualified middle standard examination, but had failed to qualify Matriculation Examination, was called "non-Matriculate" or "under-­Matriculate"---One who qualified examination of 10th Class was considered to be a Matriculate, but he could not be termed as 'non-Graduate "---Even one who had qualified his Intermediate…

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