Law:

Section:

North-West Frontier Province Civil Servants Act (XVIII of 1973)-------Ss. 9 & 13---North-West Frontier Province Service Tribunals Act (I of 1974), S.4---Regularization of service before retirement---Promotion---Appeal to Service Tribunal---Appellant who joined service as Radiographer, firstly was promoted as Senior Radiographer in BPS-7 and finally was promoted as Chief Radiographer in BPS-16 on Active Charge Basis---Appellant submitted numerous applications opting for retirement subject to regularization of his service in BPS-16 as Chief Radiographer before retirement, but his services were not so regularized despite he had completed 7 years of service as Senior Radiographer, which was prerequisite for regular promotion to post of Chief Radiographer in BPS-16 and appellant was also recommended for said promotion by Director General Health---Appellant was retired without regularization of his service as Chief Radiographer in BPS-16---Validity---Appellant was eligible for regularization of his service as Chief Radiographer in BPS-16 as he not only had completed 7 years of service as Senior Radiographer which was prerequisite for such regularization, but he was also recommended for said regularization by the Authority---Application of appellant for his retirement was conditional as he applied for his retirement with benefit of regularization of his service as Chief Radiographer in BPS-16---Department should have issued retirement order after grant of benefit of regularization due to appellant, but that had not been done, obviously due to mala fide or negligence of concerned Authority---Service Tribunal directed authorities to settle case of regularization of appellant as Chief Radiographer BPS-16 before his retirement. Haji Muhammad Alam for Appellants. Abdul Wajid G.P. for Respondent. JUDGMENT MUHAMMAD IRSHAD SWATI (MEMBER).---This order will dispose of an appeal filed by the appellant against the order dated 28-1-1999 endorsed to him on 3-2-1999 whereby he was retired from service without regularizing his service in BPS-16 as Chief Radiographer effective from 29-1-1991 with the prayer that the impugned order may be set aside and his service be regularized…

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