Law:

Section:

Constitution of Pakistan (1973) Art. 212(3)Terms and conditions of serviceSeniority listAdverse remarks in Annual Confidential ReportCivil servant was ignored for promotion on account of such remarks and, thereafter, within four months, on the same record, he was promotedGrievance of the civil servant was that he was shown junior to the others just on the basis of the Report­Contention by the civil servant was that to absence of any material available on record in any shape, 'adverse remarks in the Annual Confidential Report could not be taken into considerationLeave to appeal was granted by Supreme Court to consider the contention raised by the civil servant. JUDGMENT RASHID AZIZ KHAN, J. Facts leading to the filing of this petition are that -Petitioner was appointed as Civil Judge on regular basis through Public Service Commission on 18121985. -Petitioner earned adverse remarks in his A.C.R. for the period 261988 to 1091988. He filed a departmental representation whereupon adverse remarks were directed to be treated as "piece of advice", however, in the A.C.R. adverse remarks "below average" and "not yet fit for, promotion" were left to remain. In 1992, -Petitioner, alongwith his batch mates, was considered for promotion but his name was withdrawn with remarks that on account of patchy record he was not promoted vide notification 2161992. Subsequently, by means of another notification dated 26101992, -Petitioner was promoted as Senior Civil Judge. In the meanwhile, seniority list was…

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