Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 9---Service Tribunals Act (LXX of 1973), S.4---Ante-dated promotion---Withdrawal of---Appeal---Appellant had assailed order of Authority whereby his ante-dated promotion was withdrawn---Appellant who was appointed as Trainee Supervisor, finally was promoted as Assistant Divisional Engineer in B.P.S.-17---Meanwhile appellant improved his qualification and got the B-Tech (lions) degree, which had been treated equivalent to B.Sc.(Engineering)---Appellant filed a representation for promotion as A.D.E. (BPS-17) against 5% quota, but his request was not considered on the ground that B-Tech (Hons) degree was not equivalent to B.Sc.(Engineering)---Appeal filed by appellant in that respect was dismissed by Service Tribunal, but Supreme Court accepted his petition and appellant was issued his promotion order granting him ante-dated promotion as A.D.E. in BPS-17 with effect from 1-8-1986---Appellant was further promoted as Divisional Engineer vide Notification dated 7-6-2000---Appellant by virtue of Supreme Court decision was required to ~be granted seniority with effect from 1999 as D. E., but same was denied and instead his notification giving him benefit of ante-dated promotion was withdrawn---Validity---Appellant's case for promotion against 5% quota initially was denied to him on the ground that B-Tech degree was not equivalent to B.Sc.(Engineering) degree, but subsequently in the light of decision of Supreme Court, said issue was resolved---Since B-Tech degree had been. treated equivalent to B.Sc. (Engineering) degree, it was concluded that appellant was denied his promotion unjustly---Government's instructions and Supreme Court's decision, on the subject, were very clear that where a person was deprived of working against the higher post to which he was otherwise entitled, he was to be allowed all the ,consequential benefits if his right to hold higher post had been established---Notification whereby appellant was granted ante-dated promotion, was restored and his subsequent promotion would be governed as per rules. 2002 SCMR 1034; 1994 SCMR 2232; PLD 1995 SC 701; 1990 SCMR 1414; 1999 SCMR 1004; 2000 PLC (C.S.) 506; 1997…

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