Law:

Section:

(a) Constitution of Pakistan (1973)--Art.212---Petition for leave to appeal---Factual error having been discovered in the impugned after the filing of the petition for leave to appeal request was made to the Service Tribunal for re-opening the matter but Tribunal did not agree to re-open the same---Supreme Court converted petition for leave to appeal into appeal. (b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----Rr.8-B(1) & 8(6)(7)---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted to examine contention that under R.8(6)(7) of the Rules acting charge appointment would not amount to appointment- by promotion on regular basis and would not confer any vested right for regular promotion to the post held on acting charge basis and further that R.8(6)(7) of the Rules, would not make obligatory for the department to approve the promotion immediately on completion of requisite length of service. (c) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R.8-B(6) & (7)---Interpretation of R.8-B(6)(7)---Civil servant cannot claim any vested right for regular promotion to the post held by him on acting charge basis---Appointment on acting charge basis cannot be treated as promotion on regular basis for any purpose including seniority---Civil servant, though on account of R.8-B(7) could not claim any vested right for regular promotion on the mere qualification that he had earlier been appointed on acting charge basis, yet it did not mean that he, by appointment on acting basis, had lost the right to be considered for regular appointment during the time that he held the acting charge if otherwise he qualified in every respect to be appointed on regular basis. (d) Service Tribunals Act (LXX of 1973)--- ----S. 4---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R.8-B(6)(7)---Appointment on acting-charge basis ---Seniority---Promotion--­Lacuna of very important nature which could be the determining factor in the decision of the case---Whether Service Tribunal should fill in such lucuna for the first time would depend upon the circumstances of each case---Where the matter related to a…

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