1. ' Briefly stated the facts leading to appeal are that the appellant was appointed as Deputy District Attorney in BS-17 on the recommendation of Punjab Public Service Commission on 30-4-1980.
2. ' A post of District Attorney (BS-18) fell vacant. According to Recruitment Rules, the post of D.A. (BS- 18) is to be filled in by promotion on the basis of seniority-cum-fitness from amongst the Deputy District Attorneys (BS-17) having 5 years of service as such.
3. ' On 9-5-1985, the appellant was eligible for promotion as District Attorney (BS-18) but he was not promoted on regular basis. Vide order No Gen-2-2/85/5979 dated 9-9-1985, the appellant alongwith 12 others was appointed as District Attorney (BS-18) on current charge basis.
4. ' From 9-9-1985 to 6-11-1989, current charge appointment of the appellant alongwith others was made by the following 8 successive orders:-- Sr.No.Name of the ordersDatedW. e. f.
5. 1.Gen/2-12/82/9239-9-1985From the date of assumption of charge 2.Gen-12/32/28619-3-19869-3-1986 3.Gen-12/32/28619-9-19869--9-1986 4.Gen-2/12/82/155318-5-19878-3-1987 5.Gen-2/12/82/641516-9-19877-9-1987 6.Gen-2/12/82/23606-7-19886-3-1988 7.Gen-2/12/82/998.1.19898-1-19896-X1988 8.Gen-2/12/82/1920-A29-5-19896-3-1989 ' The appellant was promoted as District Attorney on officiating basis on recommendations of Departmental Promotion Committee vide order No, Gen-2-12/82417, dated 11-12-1989. The appellant made representation requesting that he may be promoted as District Attorney (BS-18) is to be filled in on regular basis with effect from 9-9-1985 so that he may get benefit of 5 increments. His representation was rejected without assigning any reason.
6. ' I have heard the learned counsel for the appellant, District Attorney and have perused, the record and written objections submitted by the respondents.
7. ' Learned counsel for the appellant argued that post of District Attorney (BS-18) from amongst the Deputy District Attorneys of BS-17 having 5 years' service as such. The appellant joined the service as Deputy District Attorney (BS-17) on 30-4-1980. He was eligible for promotion as District Attorney (BS-18) with effect from 30-4-1985. About 12 vacancies of District Attorney (BS-18) were available.
8. The appellant was appointed as District Attorney (BS-18) vide order, dated 9-9-1985. The said appointment orders were extended for 8 times. He was promoted as District Attorney on officiating basis on 11-12-1989. The appellant has, thus, continuously been working against the post of District Attorney (BS-18) with effect from 9-9-1985 and he may be promoted as District Attorney (BS-18) on regular/officiating basis with effect from 9-9-1985 so that he may get benefit of annual increments.
9. ' The respondent No,1 in objections to the memorandum of appeal stated that no regular vacancy of District Attorney (BS-18) was available. The record of the appellant was incomplete. He was, thus, appointed on current charge basis as District Attorney on stop-gap arrangement. The appellant made no effort for the completion of his ACR Dossier. His case alongwith others was placed before the Provincial Selection Board in its meeting held on 27-10-1982. His case was deferred because his service record was incomplete. After the completion of his service record, on the recommendations of Departmental Promotion Committee, the appellant was promoted as District Attorney (BS-18) on officiating basis. No junior to the appellant has been promoted as District Attorney on regular basis.
10. The Department however, raised plea that the promotion including pro forma promotion cannot be claimed as a right according to Rule 9(2) of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974.
11. ' According to Recruitment Rules of the post of District Attorney (BS-18), the post is to be filled in by promotion from amongst District Attorneys (BS-17) having 5 years' service as such. The post of District Attorney (BS-18) is to be filled in only by promotion and not by initial recruitment or appointment. According to Rule 10-B of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, where a post is likely to remain vacant for a period of less than six months and the Appointment Authority does not consider it expedient to make an appointment on ad hoc basis, it may appoint any civil servant to the post on current charge basis.
12. ' It is admitted by the respondents that the appellant is continuously holding the post of District Attorney (BS-18) with effect from 9-9-1985. The post of District Attorney was not thus for a period of less than 6 months. The ad hoc appointment of the appellant was not made under rule 10-B of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974.
13. ' It is duty of the department to get the record of the appellant completed. The appellant cannot be held responsible for that and cannot be denied the financial right of annual increments of five years. It was held in 1985 SCM R 1158 that promotee should be considered for promotion to Grade- 18 post with effect from the date when the vacancies of promotion quota became available. It was also held in 1998 SCM R 88 that the respondents were entitled to seek promotion with effect from the date when posts in question became available and or the date when her case was deferred by the Departmental Promotion Committee.
14. ' In the light of the above discussion, the appellant is entitled for promotion as District Attorney with effect from 9-9-1985. The appellant has not impleaded his other colleagues in the appeal. As such if his request is allowed it may affect the seniority of his colleagues. As seniority is vested right in Punjab and cannot be disturbed without assigning reason and without giving opportunity of hearing to the affected persons. The appeal is, however, accepted. The impugned order, dated 30- 11-1994 is set aside. Order, dated 9-9-1985 regarding appointment of appellant as District Attorney BS-18 on current charge basis are converted into the promotion of the appellant as District Attorney (BS-18) on officiating basis with effect from 9-11-1985. The appellant is entitled for annual increments accordingly. Respondent No,1 is directed to place the case of the appellant and his colleagues before the Departmental Promotion Committee for promotion as District Attorney (BS- 18) on regular basis with effect from 9-9-1985.
15. ' There will be no order as to costs. /order accordingly.