' JUSTICE (R) RUSTAM ALI MALIK (CHAIRMAN).--- The appellant has filed this appeal on the plea that this Tribunal while adjudicating upon Service Appeal No,2728 of 2003 filed by him vide a judgment, dated 5-4-2004 which was reported as 2005 PLC (C.S.) 337 had observed as follows:--- "For the reasons given above, appeal is accepted to the extent that the appellant shall be considered for grant of pro forma promotion to BS-19 from the date his junior Ch. Muhammad Afzal was so promoted in 1987. Appellant shall also be considered for grant of move-over to BS-19 and to BS-20 from the dates, these benefits became due in accordance with rules and the conditions prescribed for the grant of such benefits."
2. Immediately thereafter he filed an application to the Secretary, Government of the Punjab, Agriculture Department seeking implementation of the judgment of this Tribunal. Later a reminder was also sent. Before that he had filed the Writ Petition No,137 of 2002/BWP in the Lahore High Court, Bahawalpur Bench on 14-1-2002, wherein the Honourable Lahore High Court had directed the respondents vide order, dated 19-3-2002 to redress his grievance in accordance with law. But still there was no response and in the meantime, the Punjab Service Tribunal announced its judgment in Service Appeal No,2728 of 2003 on 5-4-2004 as mentioned above, after the retirement of the appellant. As per requirement of the pro forma promotion policy/ guidelines, he submitted his representation on 15-8-2003 followed by a reminder before his retirement from service. The respondents after delaying the implementation of the judgment of this Tribunal passed in Service Appeal No,2728 of 2003 finally issued the rejection order, dated 20-8-2005 which was received by him on 10-9-2005. The rejection order reads as below:-- "The case of the officer for grant of pro forma promotion to BS-19 w,e,f, 1-7-1987 is rejected."
3. The appellant has averred that he was promoted to BS-19 against the post of Director, Agriculture (Research), Regional Agricultural Research Institute, Bahawalpur initially on current charge basis with effect from 13-7-1998 for a period of six months. Subsequently, his current charge promotion had been continuously extended from time to time, till his retirement on 24-12-2003. His current charge promotion was in violation of the existing rules and Government's standing instructions and furthermore it was against the law laid down in Raees Khan's case 1993 SCMR 609.
Hence he filed the appeal before this Tribunal with the prayer that the, impugned order, dated 20- 8-2005 be set aside and he be declared to be entitled to the grant of pro forma promotion in BS-19 with effect from 1-7-1987. It was also prayed by him that the respondents be directed to issue orders granting pro forma promotion in BS-19 to him with effect from 1-7-1987 and orders for the grant of move-over to BS-20 with effect from 1-12-1990 with all consequential benefits as per previous judgment of this Tribunal in Service Appeal No,2728 of 2003 be also issued.
4. Respondent No,2 in his parawise comments has taken the plea that Mr. Manzoor Ullah, a Class-II Officer was promoted as Food Technologist on 21-1-1975. He filed appeal before the Punjab Service Tribunal for ante-dated promotion which was accepted vide judgment, dated 25-10-1979 and he was granted ante-dated promotion with effect from 1-6-1973. Mr. Sabir Zameer Siddiqui (present appellant) challenged his promotion before the Punjab Service Tribunal vide Service Appeal No,729/440 of 1987 which was dismissed on 27-11-1989. He filed C.P.L.A. Before the Honourable Supreme Court of Pakistan and the Honourable apex Court in the judgment, dated 21-11-1990 passed in Civil Appeal No,673 of 1990 declared him junior to Mr. Muhammad Abdul Haq but senior to (i) Mian Abdul Malik; (ii) Dr. Muhammad Aslam Mian; and (iii) Ch. Manzoor Ullah. Ch. Manzoor Ullah filed review petition before the Honourable Supreme Court of Pakistan which too was dismissed vide judgment, dated 20-3-1991. In compliance with the judgment of the Honourable apex Court in C.P.L.A. No,673 of 1990, the Department revised the seniority of Food Technology Group, placing Mr. Sabir Zameer Siddiqui (appellant) over Ch. Manzoor Ullah. However, the D.P.C. In its meeting held on 29-11-1991 recommended for grant of pro forma promotion to Mr. Sabir Zameer Siddiqui with effect from 1-4-1987 on the plea that he was not working in the service cadre of Research Wing of 1-6-1973. Mr. Sabir Zameer Siddiqui filed an appeal before the Punjab Service Tribunal for the grant of ante-dated promotion above Mr. Manzoor Ullah with effect from 1-6-1973.
In an interim order, dated 27-7-1996 this Tribunal directed the Department to consider the case of Mr. Sabir Zameer Siddiqui for the grant of pro forma promotion with effect from 1-6-1973 i,e, the date of ante-dated promotion of Mr. Manzoor Ullah. In compliance with the direction of Punjab Service Tribunal, a meeting of D.P.C. Was held on 8-8-1996 and he was granted pro forma promotion in BS-18 with effect from 1-7-1982, revising the date of promotion of Mr. Manzoor Ullah.
However, the Punjab Service Tribunal while disposing of the main appeal directed that the Department to revise all promotions made during 1970-80 as directed by the Honourable Supreme Court of Pakistan vide its judgment in Civil Appeal No,190-91 of 1988. Mr. Sabir Zameer Siddiqui filed C.P.L.A. No,387 of 1998 before the Honourable Supreme Court of Pakistan which was disposed of on 1-12-1998 with the direction to 'the Department to revise promotions made during 1970-80 in Research Wing within a period of one month. In compliance with the aforesaid direction a meeting of Departmental Promotion Committee of Agriculture Department was held on 31-12-1998 and the D.P.C. Recommended him for the grant of pro forma promotion with effect from 1-4-4987 and accordingly orders were issued. Against the said decision, Mr. Sabir Zameer Siddiqui filed Service Appeal No,734 of 1999 before the Punjab Service Tribunal which was disposed of with the direction to the Department to grant relief to the appellant from the date of promotion of Mr. Manzoor Ullah i,e, 1-6-1973. The Department filed C.P.L.A. No,2301-1/L of 2000 against this judgment before the Honourable apex Court. In the meanwhile Mr. Sabir Zameer Siddiqui also filed a departmental appeal on the plea that as a consequence of the decided date of pro forma promotion in BS-18, his seniority in BS-19 may be fixed in the light of orders passed in Writ Petition No,95-99/BWP, dated 6- 1-1999 and he be regularized in Grade-19 with effect from 1-7-1987. The Department filed C.P.L.A.
Before the Honourable Supreme Court of Pakistan against the judgment of Punjab Service Tribunal, dated 20-5-2000 in Service Appeal No,734 of 1999. The Supreme Court vide its judgment, dated 4- 1-2001 dismissed the appeal filed by the Government and directed the Department to implement the judgment of the Supreme Court passed in Civil Appeal No,673 of 1990. The Department referred the case to the Solicitor to the Government of the Punjab for its opinion as well and the matter was placed before the Departmental Promotion Committee on 2-10-2001 and which made the necessary recommendations.
5. It has also been averred by respondent No,2 in its parawise comments that under Services and General Administration Department's instructions contained in letter, dated 1-10-1998, pro forma promotion case of BS-18 Officers was to be finally approved by the Chief Secretary, Punjab.
Therefore, a note was prepared by the Agriculture Department and was forwarded to the Secretary Regulations. The Secretary Regulations agreeing to the recommendations of the D.P.C. Forwarded the case to the Secretary, Law Department for advice and later forwarded his comments regarding the judgment of the Punjab Service Tribunal, dated 20-5-2000. The Regulation Wing was of the view that they cannot go behind the judgment of the Punjab Service Tribunal at this stage i,e, implementation stage and the Agriculture Department will have to grant pro forma promotion to Mr. Sabir Zameer Siddiqui with effect from 1-6-1973. The said views were also supported by the Secretary Law Department and the Chief Secretary, Punjab approved the grant of pro forma promotion to Mr. Sabir Zameer Siddiqui with effect from 1-6-1973 i,e, the date of pro forma promotion of his junior Mr. Manzoor Ullah, Ex-Food Technologist. Necessary orders in this regard were issued on 20-3-2002 and Mr. Sabir Zameer Siddiqui was appointed as Director RARI Bahawalpur on current charge basis vide order, dated 9-7-1998 and his appointment as such was extended and continued upto 31-12-2003 when he retired from government service on attaining the age of superannuation. Respondent No,2 in his parawise comments has also taken the plea that in compliance with the judgment of this Tribunal the case of the appellant for pro forma promotion to BS-19 with effect from 1-7-1987 was placed before the Provincial Selection Board and which rejected his claim and he was informed accordingly. The respondents have also taken the plea that the appellant is not entitled to the grant of pro forma promotion in BS-19 with effect from 1-7-1987 and grant of move-over to BS-20 with effect from 1-12-1990.
6. I have carefully considered the arguments advanced from both sides and have also perused the record.
7. The learned counsel for the appellant has rightly pointed out that the matter in dispute had been decided by this Tribunal through its judgment, dated 5-4-2004 delivered in Service Appeal No,2728 of 2003 (reported as 2005 PLC (C.S.) 337) and the said judgment had attained finality. In the aforesaid judgment this Tribunal had directed that the appellant shall be considered for the grant of pro forma promotion to BS-19 from the date when his junior Ch. Muhammad Afzal was so promoted in 1987 and he shall also be considered for the grant of move-over to BS-19 and BS-20 from the dates when these benefits became due in accordance with the rules and the conditions prescribed for the grant of such benefits. The respondents were bound to implement the aforesaid judgment. Vide letter, dated 20-8-2005 the Registrar of this Tribunal was informed by respondent No,2 that the case of the officer for grant of pro forma promotion to BS-19 with effect from 1-7-1987 had been rejected. However, no reason was given for rejection of his claim, particularly when the judgment of this Tribunal referred to above had attained finality and does not appear to have been challenged before a higher forum. Therefore, the respondents were under a legal obligation to implement the same. Hence the impugned order cannot be legally sustained and is liable to be set aside.
8. In view of what has been stated above, this appeal is accepted and a direction is issued to the respondents to consider the case of the appellant afresh for granting pro forma promotion to BS-19 from the date when his junior Ch. Muhammad Afzal was so promoted in 1987 and he be also considered for the grant of move-over to BS-19 and 20 from the dates when these benefits became due in accordance with the rules and the conditions prescribed for the purpose.
9. Under the circumstances, the parties are left to bear their own costs.