Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-------S. 8---Punjab Civil Servants (Appointment and Conditions of Service) Rules 1974, R. 14---Punjab Service Tribunals Act (IX of 1974), S. 4---Promotion---Entitlement---Appeal to Service Tribunal---Appellant, despite ranking senior to respondents in BS-18 and having obtained required qualification of Diploma in Public Health, was not considered for. promotion in BS-19 and respondents, despite being juniors to appellant, were promoted in BS-19---Promotion of appellant to BS-19 was to be made on seniority-cum-fitness basis from among Senior Medical Officers under Punjab Health Department (General/Specialist & Miscellaneous Posts) Rules, 1981 and appellant was fully eligible for promotion when Departmental Promotion Committee took up case for consideration of promotion of respondents in BS-19 and promoted them---Appellant was not even considered for promotion to the detriment of his vested right despite nothing adverse was on record against him and nothing by way of penalty was imposed on him in any disciplinary proceedings---Departmental representative could not say anything as to why name of appellant was not considered for promotion when respondents were promoted to BS-19---Service Tribunal accepting appeal set aside impugned order with direction that appellant would be considered for promotion to BS-19 with effect from date when his juniors were considered and promoted to said rank. Mian Inam ul Haq, for the Appellant. Khadim Hussain Sindhu, Sajjad ul Hassan, Director Law, Health Department, Departmental Representative District Attorney for Respondent. Date of hearing: 25th October, 2004. JUDGMENT Capt. (Retd.) Dr. Malik Javed Tariq, Additional Medical Superintendent, Punjab Institute of Mental Health has come in appeal bringing in challenge order dated 12-8-1996 and other order dated 2-12-2003 whereby respondents Nos.3 to 8 were promoted to BS-19 as Principals, Paramedical School and finally order dated 21-5-2004 when the prayer of the appellant to grant him pro forma promotion in BS-19 with effect from 12-8-1996 was declined, as he had acquired Diploma in Public Health after amendment in the relevant service…

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