1998 PLP (C (PLC(CS))

With regards, Yours sincerely, (Sd.) (Mr. justic Sh. Riaz Ahmed) Mr. Mazharul Haq Siddiqui Secretary, Establishment Division, Islamabad. The contents of the above letter indicate that all the formalities were complete in 1994 but in spite of that, the promotion case was not finalised. The stand of that the respondent department is that A.C.Rs. of the appellant for the years 1989, 1990, 1991, 1992 and 1993 were not available for various reasons, and that is why the case was not processed. We are sorry we cannot accept such kind of argument, as it was not the fault of the appellant. It is also interesting to note that on 3-4-1994 it was decided by the Law and Justice Division to place a certificate of missing A.C.Rs. on the C.R. dossier of the appellant and thereafter the case was referred to the Establishment Division for its submission to the Central Selection Board. It is a sad state of affairs as this exercise could earlier be completed rather than delaying the matter for such a long time. However, the Law and Justice Division vide its O.M. dated 27th March, 1996, while forwarding the representation, recommended the case of the appellant to the Establishment Division, and it is reproduced as under:-- "No. F. 10(1)/93-A.I. Government of Pakistan Ministry of Law, Justice and Parliamentary Affairs (LAW AND JUSTICE DIVISION) Islamabad 27th March, 1996. OFFICE MEMORANDUM Subject: REPRESENTATION FOR ANTE-DATED PROMOTION AND FOR GRANT OF ARREARS OF PAY AND ALLOWANCES FROM THE DATE, THE POST OF SOLICITOR FELL VACANT IN THE MINISTRY OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS. The undersigned is directed to forward herewith a representation made by Mr. Muhammad Akhtar. Solicitor, of this Division for ante-dated promotion and grant of arrears of pay and allowances. (2). It is stated that the officer was promoted as Solicitor with effect from 8-8-1995, vide this Division's Notification No. F. 10(1)/93?A.1, dated 8-8-1995, whereas the post had fallen vacant on 1-7-1991, after termination of re-employment period of his predecessor, Mr. S.A.M. Wahidi. The case for promotion of the officer was delayed for want of missing A.C.Rs. for the years 1989, 1991 and 1992. (3). The Establishment Division are requested to kindly consider the request of the officer for ante-dated promotion. (Sd.) (Abdul Qadir) Section Officer. Establishment Division, (Mr. Sultan Khan, S.O.), Islamabad. It is thus an admitted fact that injustice was done to the appellant, firstly when the vacancy of Solicitor was filled up by re-employment of Mr. S.A.M. Wahidi, contrary to the rules, as it was a 100% promotion post; and B secondly the case of the appellant for regular promotion was delayed on one pretext or the other. We have also observed in so many cases that inordinate delay is caused in arranging the meetings of the Central Selection Board, with the result that the matters of promotions of the civil servants are delayed for no fault of theirs and subsequently, the points are raised that promotion is to be made from the date of approval by the competent Authority. May be so, but such delay is due to late steps taken by the functionaries, for which we suggest that the Establishment Division may take cognizance and issue necessary instructions that cases of promotions be expedited without delay to safeguard the interest of the civil servants, because promotees to be considered for promotion with effect from the date when vacant in-that quota becomes available, as held by their Lordships in the case reported in 1985 SCMR 1158. We hold that the appellant as prevented, for no fault of his, to work on a higher post, and in view of the law laid down by the' Hon'ble Supreme Court reported in 1973 SCMR 304, is entitled to the pay of the higher post. Reference is also made to a decision of this Tribunal reported in 1993 PLC (C.S.) 1404.

6. Upshot of the above discussion is that we accept the appeal and hold that he is eligible for promotion of post of Solicitor (BPS-20) with effect) from 1-7-1991.

7. No order as to costs. H.B.T./141/Sr.F?????????????????????????????????????????????????????????????????????????????????? Appeal accepted.