| Citation(s) |
|---|
| 2006 SLG 2811 2006 SLD 2811 2006 SCMR 1938 |
Supreme Court of Pakistan
C.Ps. Nos.326-P to 342-P, 485-P, 486-P, 513-P to 519-P, 586-P and 622-P of 2005, decision dated: 21st June, 2006
KHALIL-UR-REHMAN RAMDAY AND RAJA FAYYAZ AHMED, JJ
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C.Ps. Nos.326-P to 342-P, 485-P, 486-P, 513-P to 519-P, 586-P and 622-P of 2005, decision dated: 21st June, 2006
KHALIL-UR-REHMAN RAMDAY AND RAJA FAYYAZ AHMED, JJ
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LUQMAN ZAREEN and others
VS
SECRETARY EDUCATION, N.-W.F.P. and others
Law:
Section:
(a) North-West Frontier Province Civil Servants Act (XVIII of 1973)-------S. 8---Promotion--- Principle--- Acting charge--- Departmental Promotion Committee issued delayed notification---Effect---Where a post was available against which a civil servant could be promoted; where such civil servant was qualified to be promoted to such a higher post; where he was put on such higher post on officiating or acting charge basis only because requisite exercise of allowing regular promotion to such post was being delayed by competent authority and where he was subsequently found fit for such promotion and was so promoted on regular basis, then the civil servant was entitled not only to the salary attaching to such post but also to all consequential benefits from that very date from which he had put on the said post on officiating or acting charge basis. (b) North-West Frontier Province Civil Servants Act (XVIII of 1973)--- ----S. 8---Promotion---Acting charge---Date of promotion---Determination---Civil servants were promoted on 31-8-2000, on acting charge basis but Departmental Promotion Committee issued their notification of promotion on 27-5-2003---Grievance of civil servants was that their promotion was not considered from the date when they were promoted on acting charge basis---Validity---Civil servant who was asked to hold a higher post to which he was subsequently promoted on regular basis, was entitled to the salary etc. attaching to such post for the period that he held the same-Such civil servant was also entitled to any other benefits which might be associated with such post---If a vacancy existed in the higher cadre to which a civil servant was qualified to be promoted on regular basis but was not so promoted without any fault on his part and was instead put on such post on officiating basis, then on his regular promotion to such post, the civil servant would be deemed to have been so promoted to the same from the date from which he was allowed to hold the higher post, unless justifiable reasons existed to hold otherwise---Supreme Court converted petition for leave to appeal into appeal and set aside the passed by Service Tribunal---Supreme Court declared the…
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