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Section:

Civil service-------Promotion---Scope---Promotion on officiating basis is promotion. Shoaib Shaheen, Advocate Supreme Court for Appellants. Shah Khawar, D.A.-G., Ch. Akhtar Ali, AOR and Ch. M. Yaqoob, SP Legal NH&MP for Respondent. ORDER TASSADUQ HUSSAIN JILLANI, J.---This judgment shall dispose of Civil Appeals Nos. 1206 and 1207 of 2009 as they are directed against a consolidated judgment dated 26-5-2009 passed by the Federal Service Tribunal vide which appellants appeals against the order of the Inspector-General, National Highways & Motorways Police awarding them major penalty of compulsory retirement was affirmed and their appeals were dismissed. 2. Facts giving rise to the instant appeals briefly stated are that the appellants started their carrier as Constables in N.-W.F.P. Police, they were promoted as A.S.-Is. and S.-Is. From there, they were transferred to the Frontier Reserve Police, Peshawar. According to them they were serving as S.-Is. in the Frontier Reserve Police when with the approval of their departmental head they were inducted into National Highway and Motorway Police on deputation basis with one step promotion as Senior Patrolling Officers (SPOs, BPS-16) after thorough scrutiny of their service record by the Induction Committee headed by the DIG in the year 1997. Later on they were absorbed as SPOs on 28-4-2001. On an anonymous complaint to the effect that they were not S.-Is. when they were inducted into the National Highway and Motorway Police and that they were only promoted as S.-I. on officiating basis, an inquiry was conducted and vide the order dated 4-2-2006 their induction was withdrawn and then were repatriated to their parent department. The appellants approached the Tribunal by filing Appeal No. 505(R)CS of 2005 which was accepted by the Tribunal vide the judgment dated 25-11-2007 allowing the respondents to take any action against for the alleged misconduct done in the past or present. The respondent-Department assailed the judgment of the Tribunal in Civil Petitions Nos.192 to 194 of 2008 before this Court and leave was refused vide the order dated 2-4-2008. Thereafter the appellants approached the learned Islamabad…

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