Law:

Section: 8

Punjab Civil Servants Act (VIII of 1974)-----S. 8---Punjab Service Tribunals Act (IX of 1974), S.4---Promotion---Appeal to Service Tribunal---Appellant who was appointed in BS-14 as Charge Nurse in 1981, due to her satisfactory performance was promoted as Head Nurse, but despite being senior she was not awarded BS-17, whereas her junior was granted said grade---Appellant not only was appointed earlier to respondent, but was also promoted in BS-16 prior to the respondent for her satisfactory performance---Appellant being senior to respondent, was entitled to pro forma promotion to BS-17 on the basis of seniority-cum-fitness---Claim of appellant to pro forma promotion in BS-17, could not be rejected on the ground that her request was time-barred, because in the matter of promotion and pay, question of limitation was not applied---Case of appellant for promotion in BS-17 was from date of promotion when her next junior was promoted---Directions were given to the Authority to consider case of appellant for promotion from the date her next junior was promoted in BS-17---Date of promotion of appellant in BS-16, would be the deciding factor along with well established, formula of seniority-cum-fitness at the relevant time. 2002 PLC (C.S.) 1388 ref. Sh. Amar Maftoon and Nasir Hussain Shah for Appellant. Ejaz Farrukh, Senior Litigation Officer on behalf of Respondent No.l. Date of hearing: 11th April, 2007. JUDGMENT K.B. ABID (MEMBER-II).--- This appeal has been filed by Nasreen Akhtar Nursing Tutor, General Nursing School Joharabad with the plea that she may be granted pro forma promotion w.e.f. 2-10-1997, the date on which her junior/respondent No.2 Mrs. Saeeda Bano was promoted in BS-17 and seniority may be given accordingly. 2. Briefly stating, the appellant was appointed in BS-14 as Charge Nurse on 16-6-1981. Due to satisfactory performance, she was promoted as Head Nurse in BS-16 on 29-3-1993. The appellant being senior was not awarded BS-17 and the departmental representation was filed before the Appellate Authority for pro forma promotion. In this connection service appeal was also filed in Punjab Service Tribunal. After the judgment of the Punjab Service…

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