Law: Civil Servants Act, 1973

Section: 9

Law: Service Tribunals Act, 1973

Section: 4

Civil Servants Act (LXXI of 1973)---   ----S. 9---Service Tribunals Act (LXX of 1973), S.4---Promotion---Entitlement---Appellant had claimed that despite he had legitimate right to be considered along with his colleagues for promotion, was not considered for such promotion because of certain adverse remarks against him---Validity---Alleged adverse remarks having been set aside, no other stigma existed on the service record of the appellant---Appellant though subsequently was promoted, but not from the date when others were considered for promotion and appellant was superseded---Authorities were directed by Service Tribunal to consider case of appellant for ante-dated promotion at the earliest opportunity. JUDGMENT JUSTICE (R) MANSUR ALAMGIR QAZI (MEMBER).---The main grievance of the appellant is that while working as Additional Cantonment Officer in BPS-17 he was fully eligible for promotion in BPS-18 and had a legitimate right to have been considered along with his colleagues for promotion w.e.f. 24-5-2002 on which date his colleagues were promoted and he was non-suited for the reason that there were certain contradictory adverse remarks pertaining to the period w.e.f. 6-4-1998 to 31-8-1998. 2. Feeling aggrieved and seeking expunction of the Adverse Remarks, the appellant filed Appeal No.763(L)(CS)/2002. This Tribunal was pleased to decide the said appeal vide judgment dated 24-6-2004 wherein it was concluded that he shall be considered for promotion on the basis of the reports earned by him in the last five years, and the impugned remarks shall not be a hurdle in consideration of his promotion. 3. In pursuance to this judgment the appellant was promoted to BPS-18 vide Notification dated 7-12-2004 w.e.f. 12-11-2004. He now carries a grievance that his promotion ought to have been considered from 24-5-2002 and has placed reliance on 2007 SCMR 1769 titled Muhammad Yasin v. Secretary, Government of the Punjab and others wherein their Lordships of the Honourable Supreme Court have so held:--- ---S. 8---Constitution of Pakistan (1973), Arts.4 5(2)---Promotion---Superseding---Principle of equity, justice and fairplay---Applicability---Act of public…

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