Law:

Section:

Balochistan Civil Servants Act (IX of 1974)--S.9---Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979, R.10---Promotion---Civil servant holding charge of a higher post in officiating capacity had no vested right to claim his promotion from the date when he was allowed to discharge his duty in such officiating capacity. Muhammad Siddique Ahmed Khan and others v. Pakistan Railways through Financial Advisor and Chief Accounts Officer, Pakistan Railways, Lahore and others 1997 SCMR 1514 distinguished. Syed Ayaz Zahoor, Advocate Supreme Court and M.W.N. Kohli, Advocate-on-Record (absent) for Petitioner. Nemo for Respondents. Date of hearing: 25th February, 2000. ORDER IFTIKHAR MUHAMMAD CHAUDHARY, J.---By this order we intend to dispose of Civil Petitions Nos.l and 2-Q of 1999 against the common judgment of Balochistan Service Tribunal in Service Appeals Nos.56 of 1997 and 11 of 1998. 2. Precisely, stating facts of the cases are that petitioner Abdul Rauf was promoted/appointed as Deputy - Secretary B-18 with effect from 13th July, 1995 with retrospective effect i.e. 25th January, 1995 whereas respondent No.3 Khair Muhammad Shahwani was also promoted as Deputy, Secretary (B-18) with effect from 6th April, 1995 and as petitioner was promoted with retrospective effect in B-18, therefore, in final seniority list, dated 17th June, 1997 petitioner was shown senior in B-18 from respondent Khair Muhammad Shahwani as such respondent agitated his grievance before Balochistan Service Tribunal by filing two appeals one being No.56 of 1997 wherein seniority list was questioned and second NO. I1 of 1998 in which promotion of petitioner to B-19 vide notification, dated 10th September, 1997 was assailed. Learned Balochistan Service Tribunal disposed of both the appeals by common impugned judgment. 3. Syed Ayaz Zahoor learned Advocate Supreme Court contended that the appeal filed by respond ynt Khair Muhammad Shahwani against the final seniority list, dated 17th June, 1997 was barred by time but learned counsel could not demonstrate as to how the appeal was filed beyond limitation, therefore, we are inclined to concur with finding of the Tribunal that…

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