Law:

Section:

(a) Constitution of Pakistan (1973)--Art.212(3)---Leave to appeal was granted to examine whether the appellant's case before the Service Tribunal had not received that individualized attention which it deserved distinguishable from those of his colleagues. (li) Civil Servants Act (LXXI of 1973)-- ----S.9---Regular promotion under S.9 could take place against the reserved quota alone. (c) Pakistan Railway Code for Accounts Department---- ----Part I, paras. 120 & 121---Officiating charge could be given to the appellant/employee but he could not be considered a part of the cadre. Khushi Muhammad and 3 others v. The General Manager (now Vice-Chairman) Pakistan Western Railway, Headquarters Office, Lahore and 27 others PLD 1970 SC 203 ref. (d) Civil Servants Act (LXXI of 1973)-- ----Ss.8 & 9---Seniority being not a vested right under the Act provisions of S.9 of the Act would govern alongwith general principles of seniority. (e) Pakistan Railway Code for Accounts Department-- ----Part I, paras. 121(1)(b) & 120---Words "to officiate" in para. 121(1)(b) mean to act or to discharge an office for or on behalf of some other person--­Promotion on the strength of para. 121(1)(b) would not entitle the employee to claim seniority in the higher promoted grade---Such employee had to wait till in accordance with the reservation and the quota a vacancy became available for him in accordance with the provision of para. 120. The words "to officiate" used in para. 121(1)(b) of the Code mean to act or to discharge an office for or on behalf of some other person. Where a reservation or. a quota for promotion existed, and as pointed out in para 120 of ­the Code it is not in public interest to fill that post from outside the prescribed quota, either on account of its non-availability of officers or otherwise, then an officiating arrangement from a residual source is made. As soon as compliance with the paragraph 120 of the Code is possible, the arrangement is brought to an end. In the present case exactly that has happened. That employee himself was subsequently placed in junior Class I for which reservation existed and was promoted through proper channel. His contention…

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