Law:

Section:

Punjab Civil Servants Act (XIII of 1974)-------S. 8---Punjab Service Tribunals Act (IX of 1974), S.4---Promotion---Entitlement---Appeal to Service Tribunal---Appellant who had completed three years of service in the capacity of Agricultural Assistant, was eligible to be promoted as Extra-Assistant Director Agriculture w.e.f. 31-1-1973---Director Agriculture recommended pro forma promotion of appellant, but Departmental Promotion Committee vide its order declined pro forma promotion to appellant, despite existence of vacancy---Validity---Appellant was entitled to promotion from the date when vacancy arose in his quota---Impugned orders were set aside---Case of appellant for pro forma promotion would be considered by Departmental Promotion Committee. Muhammad Arshad Bajwa for Appellant. Khadim Hussain Sindhu, District Attorney for Respondent. Alamgir for Respondents Nos.5, 6 and 7. Ikram-ud-Din Khan, for Respondent No.9. Khurshid Ahmad Khan, Under Secretary (A-III), Agriculture Department, Departmental Representative. Date of hearing: 17th December, 2002. JUDGEMNT JUSTICE (RETD.) RIAZ KAYANI (CHAIRMAN).---Ashfaq Hussain, appellant, was inducted as Agricultural Assistant (Extension Wing), on 26-2-1969 in the scale of Rs.275-15-320-20-500, possessing B.Sc. (Hons) Agri: qualification in the Punjab Agriculture Department, Government of the Punjab, Lahore. On 31-1-1970, he assumed the charge of Agricultural Assistant (Economics and Marketing). He was promoted on 7-11-1975 on ad hoc basis as Extra-Assistant Director Agriculture (Economics and Marketing) along with one Muhammad Afzal Khan. Later on appellant was regularized against the said post vide order dated 12-3-1986. A tentative seniority list of Extra-Assistant Directors Agriculture (Economics and Marketing) in BS-17 + Rs.150 special pay, as it stood on 31-7-1998 was issued by the authority wherein the name of the appellant figured at Serial No.10. Final seniority list of Extra-Assistant Directors Agriculture (Economics and Marketing), Economics & Marketing Wing of Agriculture Departments as it stood on 4-10-2001 was notified on 17-1-2002 and the name of the appellant stood at Serial No.7 whereas that of…

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