Law:

Section:

(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974-------Rr. 9(2) & 10-B---Promotion---Civil servant who was appointed a< Deputy District Attorney in B.S.17 was eligible for promotion on regular basis as District Attorney in B.S.18 after five years of his appointment buy after five years he was appointed as District Attorney on current charge basis and remained appointed as such for about four years---Civil servant made representation requesting that he could be promoted as District Attorney in B.S. 18 on regular basis from the date he was appointed on that post on current charge basis, but his representation was rejected on ground that no regular vacancy of District Attorney in B.S. 18 was available and that record of civil servant was incomplete---Evidence on record had proved that about twelve vacancies were available---Authority was to get the record of the civil servant completed and civil servant could not be held responsible for the same---Civil servant not only had become entitled to promotion on basis of seniority-cum-fitness as per Recruitment Rules as he had completed fiver years' service as Deputy District Attorney, but also on ground that he had been continuously working against the post of District Attorney B.S. 18 since his appointment to that post on current charge basis---Order regarding appointment of civil servant as District Attorney B.S.18 on current charge basis was converted into promotion on officiating basis and he was held to be entitled by Service Tribunal for annual increments accordingly with direction to place his case before Departmental Promotion Committee for promotion as District Attorney in B.S. 18 on regular basis from the date on which he was appointed on current charge basis. (b) Civil service--- ----Seniority---Seniority being vested right same could not be disturbed without assigning reason and without giving opportunity of hearing to the affected persons. M. Munir Akhtar Pirzada for Appellant. District Attorney for Respondent. Date of hearing: 26th April, 2001. JUDGMENT Briefly stated the facts leading to appeal are that the appellant was appointed as Deputy District Attorney in BS-17 on…

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