' S. ABDUL JABBAR KHAN (CH AIRMAN).-A ssistant Professor of Economics, Government Intermediate College, Ravi Road, Lahore, has filed this appeal against an order issued on 30th December, 1979 whereby the appellant was promoted as Assistant Professor in NPS-I8 with effect from 1st November, 1976 but in that notification he was denied financial benefits from the said date, By virtue of this appeal he has prayed that para. 2 of the impugned order may be set aside and the entitlement of the appellant to the financial benefits may be fixed from 1st September, 1976 i,e, the date of his pro forma promotion.
2. Brief facts of the case are that the appellant was selected by the Public Service Commission in the batch of 1962 and was confirmed as Lecturer in Economics with effect from 7th June, 1963 vide Government of West Pakistan Notification No, SOE(II)-I/76, dated 16th November, 1966. Certain promotions were effected to the post of Assistant Professors with effect from 1st September, 1976 vide Government of Punjab, Education Department's Notification No, SO (CE-I) 1-26/76 (1), dated 19th August, 1977. However, the name of the appellant was not included among the promotees for the reason that his character roll had not been received from Baluchistan. When it was found that the above position was incorrect the appellant was given pro forma promotion on a representation but a clause was inserted that he would not be entitled to financial benefits. Hence this appeal.
3. We have heard the appellant in person and have perused the parawise romments filed by the District Attorney as well as departmental file No, SO (CE-I) 18-89/80. The learned District Attorney has taken us to the file and we find that at para. 32 of note portion of the said file there is a note of Section Officer (CE-I) dated 21st March, 1981 in which there is a clear advice given by the Government (Regulation Wing of SGA & ID) that the claim of the appellant was justified. We ourselves have given a decision in Sheikh Muhammad Iqbal's case announced on 13th April, 1981 and have held that once a pro forma promotion is granted Government will not be justified to withhold the financial benefits attached to it.
4. In the light of the above discussions we accept the appeal, set aside the condition placed in the impugned order withholding the financial benefits and direct the respondents to allow the appellant the financial benefits of his pro forma promotion. There will, however, be no orders as to costs.