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Keywords: Disposed Of, Set Aside, Ineligibility, Methods, Division, National Pay, Petition, Office, Appointment, Government, Petitioner, Proceedings, Pay Scale, Classes, Notice, Recruitment, Qualification, Promotion, Administrator, Order, Constitution, Notification, Service Rules, Bona Fide, Retrospectivity, Impugned Order, Consideration, Provisions, Disposal, Orders, Costs, Seniority List, Qualifications, Water Rate, Enforcement, Eligible For Promotion JUDGMENT ZIA MAHMOOD MIRZA, J.- This petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan is directed against the order of the Deputy Commissioner, Sialkot, dated 24.1.1978 whereby appeals/representations of the respondent-employees were allowed, orders of promotion of the petitioners were set aside and the to the Municipal Committee, Sialkot, with the direction that "The promotions in both the cases be ordered afresh on the basis of seniority-'cum-fitness under rule 8(c) of the West Pakistan Municipal Committees Service Rules, 1969." 2. Facts relevant for the disposal of this petition are that two posts in NPS-7 in the Municipal Committee, Sialkot, fell vacant in the year 1976. It was decided by the Committee that the said posts would be filled by promotion on the basis of seniority cum-fitness from amongst the employees in NPS-6 in accordance with rule 8(c) of the West Pakistan Municipal Committees Service Rules, 1969. A Selection Board comprising the Administrator and the Chief Officer of the Committee was constituted which in its meeting held on 24th of August, 1976 after consulting the service record of the senior most officials in NPS-6 recommended Allah Ditta petitioner and one Muhammad Sadiq (not party in the present proceedings) for the two posts in NPS-7 vide Annexure A. They were at serial Nos. 1 and 3 respectively in the seniority list. Muhammad Rafiq respondent No. 4 who at the relevant the was working as a Water Rate Inspector in NPS-6 and was at serial No. 2 in the seniority list was not considered fit for promotion. The Recommenders were promoted in NPS-7 vide Officer Order 71 dated 24.8.1976 (Annex B). Muhammad Rafiq challenged this promotion order in an…

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