Officiating promotion

2017 PLC(CS) 1457 SUPREME-COURT-AZAD-KASHMIR Judicial Precedent

S. 7Azad Jammu and Kashmir Civil Servants (Appointment and Conditions of Service) Rules, 1977, Rr.10-B & 13SeniorityDetermination ofOfficiating promotionScope

Service Tribunal ordered for determination of seniority of the relevant cadres diploma holder Sub-Engineer and B. Tech. (Hons) employees of the department according to departmental rules on the basis of their first appointment/induction into service

Validity

Authority could cause seniority list from time to time of the members of service, cadre or grade

Seniority would take place from the date of regular appointment to a post in that grade

Civil servants who were selected for promotion to higher grade in one batch should on their promotion retain their inter se-seniority

Promotion of Sub-Engineer on creation of vacancy of Assistant Engineer should be made while considering the respective dates of obtaining qualification along with the prescribed experience after such qualification

All qualified persons while passing acting/current charge promotion orders should have been considered and if the posts were available then promotion order for regular induction should have been made

Officiating promotion order could be made when post fell vacant as a result of deputation, leave or on current charge basis of the regular incumbent

Qualified civil servant having relevant experience and qualification prescribed for the post might be appointed/promoted but such promotion would not confer any right for regular promotion

All eligible persons were not considered while issuing the promotion orders on current charge basis and officiating basis, only the appellants were considered for such promotion

Judgment passed by the Service Tribunal was legal

Appeal was dismissed in circumstances.