Law:

Section:

Civil service---------- promotion----- Entitlement---Civil servants despite being senior as per seniority list and having good service record, were not considered for promotion within time without any valid reason whereas their juniors were promoted---Civil servants, in circumstances, were entitled to ante-date promotion with effect from the date their juniors were promoted. 1991 SCMR 696; 1998 SCMR 736 and 1998 SCMR 2237 ref. Raja Muhammad Asghar Khan for Appellant (in Appeal No.52-Q of 1997). Manzoor Ali Khan for Appellant (in Appeal No.2751(R) of 1997). Javaid Aziz Sindhu, Standing Counsel alongwith Mehmoob Alam, Section Officer, Establishment Division, D.R. for Respondents. Date of hearing: 6th November, 1998. JUDGMENT MUHAMMAD AYUB KHAN (MEMBER).---Arguments have been heard and record perused. 2. We intend to dispose of both the aforesaid appeals by a single judgment as they are identical in legal and factual aspects. Both the appeals are well within time. 3. The appellants though senior as per the Seniority List yet the Departmental Promotion Committee concerned failed to consider their promotion within time whereas their junior incumbents were considered and promoted. Their cases were deferred meaning thereby that they were not superseded as is evident from the documents available on the file, inclusive of the parawise comments furnished by the respondents. Both the appellants were placed in Selection Grade (B-19) earlier that the respondents who were junior to them and according to the ruling of the Honourable Supreme Court of Pakistan contained in 1991 SCMR 696 grant of Selection Grade is a promotion. Otherwise the appellants admittedly are senior to the respondents. Sometimes due to administrative reasons it becomes not possible for the Selection Board to convene its meeting as required due to its multifarious activities. No doubt promotion of an incumbent is made prospectively and not with retrospective effect but where there is no fault on the part of an incumbent and the Administration fails to provide benefit of promotion to an incumbent by the due date, the incumbent gets right to his ante-dated promotion and in this respect the case-law has been…

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