Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 9---Service Tribunals Act (LXX of 1973), S.4---Promotion, entitlement to---Appellant, while working as Head Clerk (BS-11) at Lahore was transferred in the office of Divisional Superintendent, Sukkur, in the same capacity, without serving any reason for such transfer---Appellant joined his duties at Sukkur under protest and after joining the duty at Sukkur, Authority nominated all Head Clerks, except the appellant to attend the Course (2000) at the Training Centre---Authority promoted respondent as Office Superintendent despite being junior to appellant and appellant was not considered for such promotion by the Departmental Promotion Committee on ground of his being not qualified the Course (2000)---By transferring appellant to another Division, Authority had shown a mala fide treatment in a way that the junior to the appellant was given an opportunity to attend the Course instead of the appellant---Appellant, in circumstances had not been treated in a just and legal manner, as he was transferred from Lahore Division to Sukkur Division without any exigency of service and against the rules and procedure of the Department---Appellant, in circumstances, was denied the opportunity to attend the Course being the senior most Head Clerk---Even otherwise, if appellant was denied participation in the Course during the years 2003, 2004, 2005, and 2006, after he attained the age of 58 years, he got exempted from the Training Course for his promotion under the Departmental rules---Justice demanded that appellant should have been considered and promoted to the higher post of Office Superintendent on the date when he attained the age of 58 years, so that he could at least get his pensionary benefits after his retirement---Appeal filed by the appellant was partially accepted, since appellant was in service, he could be given pro forma promotion to the higher grade of Office Superintendent BS-16 from the elate he got exemption from the Training Course due to his age factor along with the 1st Batch of Head Clerks who were promoted after that date---Appellant would be entitled to all back-benefits to be included in his pension…

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