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ABDUR RASHID versus DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, MULTAN


Section 8 and 9 Service Tribunals Act (LXX of 1973), Section 4 Pakistan Railway Personnel Manual, Paras 406 and 704 Revision Leave Rules, 1980, R9 Superiority and Promotion Tribunal Appeal Assessment TCR, Grade Superiority The list was suspended. II under which the respondent was placed in section no.3 while it was shown in section no 22 and the appellant and the defendant were recruited as TCR, Grade 1 after which they were allowed to pass the prescribed course. According to a copy of the subsequent findings, the appellant was shown senior to the plaintiff in accordance with the merit. Although the appellant obtained leave without pay for one year, he did not resume his duty upon receipt of leave and remained absent without leave or option for a further period of 4/2 years. During this period of his unauthorized absence, appellant censored his services under the provisions of paragraph 704 of the Personal Manual, which amended the exemption rules, Read with Rule 9 of 1980. The defendants were taken to TCR for promotion, the Grade II record established that the appellant was not actually in service when the respondents were considered for development and when in fact he was promoted to department publicity. Progress was made on the recommendation of the committee, and after that the order of closure of service was withdrawn. Appellant will not be of any benefit to the Appellant after the defendant has been permanently promoted, under the circumstances, permanently promoted as TCR, Grade II

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