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1989 SCMR 315

PROVINCE OF PUNJAB and 2 others vs RAZA RAZVI and 72 others

Citation1989 SCMR 315
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 97 of 1982
Date1988-07-17
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultLeave granted

ORDER

' SAAD SAOOD JAN, J.--Respondent No, 1 was Inspector of Police. His case for promotion to the rank of Deputy Superintendent of Police came up for consideration before the Departmental Promotion Committee on 29/30-6-1976. On account of certain adverse entries in his record, the Committee did not recommend him for immediate promotion but decided that his case would be reconsidered after he had earned three consecutive good reports from his superiors. Accordingly, his case was again placed before the committee on 23-10-1979. On this occasion he was considered fit for promotion. During the intervening period, a number of Inspectors who were junior to him were promoted as Deputy Superintendent of Police. He made a representation that he should be declared senior to them. His representation was rejected whereupon he filed an appeal before the Service Tribunal. The learned Tribunal accepted the appeal and granted him the seniority on the ground that the deferment of promotion was not tantamount to rejection of his case for promotion.

2. This petition has been filed by the Provincial Government together with the Inspector-General of Police and Deputy Inspector-General of Police. In support of this petition it is contended that the deferment of promotion of Raza Razvi, respondent No, 1, amounted to the rejection of his case and as such the learned Tribunal was not right in taking a contrary view. This contention needs examination. Leave to appeal is granted. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any, within two months.

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