Law:

Section:

(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-------R.3(2)---S.R.O. No.249(1)/79, dated 15-3-1979---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted by Supreme Court to consider, whether the civil servant was entitled to ante-dated promotion from the date he was recommended and became eligible for the appointment as Deputy Superintendent I in the light of S.R.O. No.249(1)/79, dated 15-3-1979 and promotion of other persons in pursuance of subsequent instructions issued by the Central Board of Revenue, were wholly without jurisdiction as the same could not amend the S,R.O. No.249(1)/79, dated 15-3-1979. (b) Rules of Business, 1973--- ----R.11(d)(e)&(i)---Amendment in Rules---Failure to consult with Establishment Division---Effect---Mandatory provision of consultation with the Establishment Division was not complied with for the issuance of telexes/letters whereby amendment in the Rules was made---Such documents, having been issued without consultation of the Establishment Division, were of no legal effect. (c) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R.3(2)---Amendment .in Rules---Failure to- consult with Establishment Division---Effect---Rule 3(2) of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, envisages concurrence and in absence of such consultation with the Establishment Division no amendment in the Rules can be made. (d) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973- ----R.3(2)---Notification S R.O. No.249(1)/79, dated 5-3-1979 --- S.R.O. No.409(1)/86, dated 23-4-1986---Amendment in Rules---Failure to consult with Establishment Division---Effect---Notification S.R.O. No.249(1)/79, dated 15-3-1979 as amended by S.R.O. 409(1)/86, dated 23-4-1986 provided that against 5 % quota for ministerial staff, Stenotypists, Office Superintendents and Head Clerks with 5 years' continuous service, were eligible for promotion and that the incumbents of the eligible senior posts were not available---Civil servant was Office Superintendent (B-13) and Departmental Promotion Committee on the basis of seniority-cum-fitness placed him at Serial No.5 on…

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