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Service Tribunals Act (LXX of 1973)-- ---S.4---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R.3(2)---Promotion---Appellant, a Selection Grade Stenographer (B-16), felt aggrieved when for promotion to post of Private Secretary he was ignored and his junior was promoted to that post even though he was allegedly ineligible under Rules for appointment as such---Record showed that old Rules (1966) under which the Secretary was empowered to select a candidate from amongst Stenographers in Ministry/Division had been superseded by Rules of 1973, and selection of Private Secretary took place after said fresh Rules had been notified---No dispute existed as to selection made under fresh Rules which made appellant, having fulfilled required condition eligible for selection as compared to junior who did not fulfil the required condition---Appellant was senior and his Confidential Reports showed that he had in last five years been graded higher than his junior---Held, Appellant was ignored in utter disregard of relevant Rules in force and his grievance was well founded---Appellant was directed to be promoted as Private Secretary (B-17) with all benefits from date on which his junior was promoted. Government of Pakistan v. Muhammad Sadiq 1985 S C M R 699 fol. Date of hearing: 13th June, 1989 JUDGMENT SALAHUDDIN CHAUDHRI (MEMBER).--The appellant, Syed All Raze, is a Selection Grade Stenographer (B-16) in the Statistics Division, Islamabad. He felt aggrieved when for promotion to the post of Private Secretary (B-17) to the Secretary of the said Division he was ignored and his junior Khalil Ahmed Chaudhri was promoted to the said post on 26-5-1988 even though, according to the appellant, he was ineligible under the Rules for appointment to the said post. The departmental representation having not been responded to, Syed Ali Raza has preferred this appeal. 2. It is not disputed that the appellant is senior to Khalil Ahmed Chaudhri, respondent No. 3, as their dates of appointment as Stenographer are 25-1-1979 and 13-10-1981 respectively. In Selection Grade also the appellant entered on 9-4-1983 whereas respondent No. 3 got it on 2-2-1.988. When the post of…

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