Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-------S.9---Service Tribunals Act (LXX of 1973), S.4---Pro forma promotion---Entitlement---Appeal to Service Tribunal---Employee, despite being senior to three co-employees according to seniority list was not considered for pro forma promotion on regular basis whereas three junior employees were considered and granted pro forma promotion as a result of nepotism---Chief Administrator of Department had strongly recommended promotion of employee with the remarks that employee was an extremely honest and hardworking person with qualities of head and heart---Nothing was on record against employee and case of employee according to old policy of pro forma promotion was on a much better-footing than any of the contingencies enumerated in old policy--­Department had admitted more than once that employee was the senior most out of said three incumbents who were given promotion--­Employee, in circumstances was entitled to pro forma promotion from date when his juniors were promoted---Employee was allowed pro forma promotion and was also given complete financial benefits from date of his promotion till date of his retirement and further pensionary benefits would also be increased accordingly. (b) Punjab Civil Servants Act (VIII of 1974)--- ----Ss.7(2) & 8---Punjab Service Tribunals Act (IX of 1974), Ss.4 & 5--­Seniority--Effective date of---Promotion---Grant of---Powers of Service Tribunals---Seniority would take effect in a post, service or cadre' to which a civil servant was promoted from date of regular appointment to that post as ordained by S.7(2) of Punjab Civil Servants Act, 1974---Promotion was always granted on the basis of seniority-cum-fitness formula---Service Tribunal could not have jurisdiction to question the decision of Departmental Authority determining the fitness of a person to be promoted, but certainly had the competence to question the legality of an order where eligibility of a civil servant for consideration for promotion was ignored and when juniors to the aggrieved civil servant were promoted---Tribunal would further step in and direct for enforcement of legal right of such civil servant. Muhammad…

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