Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Promotion---Civil Servant having gone abroad, his juniors were promoted in his absence, alongwith him---Promotion date of civil servants junior was however. ante-dated but such ante-dating was refused in the case of civil servant---Service Tribunal, after examining circumstances in which civil servant had proceeded on leave, the effect of his undertaking and the rules applicable, gave him the same benefits as his juniors had obtained in the matter of seniority and he, therefore, became senior to those juniors, to whom he had become junior under the impugned orders---Petitioner-Government's plea was that instructions on the subject debarred those persons who were on leave abroad from seeking or obtaining promotion or seniority till they had joined or in fact had earned good reports and gained promotion; that civil servant being absent and not functioning on the promoted post could not be granted the benefit which was granted to others whose case was on that account distinguishable---Held; Rules on' which reliance was being placed were not in force when impugned orders were passed--­Such Rules being of subsequent date could not have retrospective effect---In case, principle of absence and those on job was applied, then on account of absence, civil servant should not have got promotion at all which he got on specified date, because he was not in the country and was not in a position to function on the promoted post---Absence of civil servant from the job, therefore, would make no difference in the context of his promotion---Rules then in existence required that those on deputation or leave ex-Pakistan should be considered for promotion, when their juniors were being considered for promotion, and promoted, even in absence---No question of law of public importance having arisen in the case, leave to appeal was refused. ORDER SHAFIUR RAHMAN, J.---The Government of N.-W.F.P. seeks leave to appeal against the judgment of the Service Tribunal dated 17-9-1989 whereby the service appeal filed by the respondent No.1 was allowed and the respondent No.1 was given his proper seniority as Assistant Professor. 2. The respondent…

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