Through this constitutional petition, the petitioner has prayed that the judgment dated 17.1.2011 passed by the Punjab Service Tribunal, Lahore be directed to be implemented strictly in its true letter and spirit.
2. The learned Punjab Service Tribunal, Lahore on 17.1.2011 passed a judgment in Appeal No, 1062/2009 in the following terms: "In view of the above discussion, the appeal is accepted and the impugned orders are set-aside.
The respondent department is directed to consider the case of the appellant for ante-dated promotion as ASI and SI qua his juniors who were so promoted".
3. Notices were issued to respondents, they filed report and parawise comments and placed on record order dated 26.10.2011 confirming that the petitioner's request of ante-dated promotion to the rank of ASI and SI prior to qualification of Intermediate (HCs) Class Course is not justified.
4. Learned counsel for petitioner submits that the said order has not been passed according to the judgment of learned Punjab Service Tribunal, Lahore and as such the same is liable to set-aside.
5. The petitioner has relied on Abdul Hameed Anjum and others V. Federation of Pakistan and others (PLD 2010 Supreme Court 857) and Rana Mahmood Hussain, Officer Grade-II Habib Bank Limited, Sahiwal V. Chairman, National Industrial Relations Commission, Camp at Lahore and 2 others (2001 PLC 697).
6. Learned counsel submits that the word "consider" has been used in the judgment dated 17.1.2011 which has specific significance. Learned counsel submits that word "consider" means serious, reasonable, fair, bona fide interest and genuine application of mind. The impugned order clearly shows that it has been passed without considering the facts available on record.
7. Learned Additional Advocate General, Punjab submits that the impugned order has been passed after giving serious consideration to the facts available on record. The claim of petitioner for ante- dated promotion to the rank of ASI/SI prior to the qualification of Intermediate (HCs) Class Course was not justified under the Rule 13.9 of Police Rules. Learned Additional Advocate General, Punjab submits that Punjab Service Tribunal, Lahore in his judgment dated 17.1.2011 has not directed to override the Rule 13.9 of Police Rules and as such the order is perfectly in accordance with law.
8. Heard. Record perused.
9. The petitioner's representation for ante-dated promotion to the rank of officiating ASI as well as promotion to the rank of officiating. S.I. on the analogy of (Sis) that Shaukat Ali etc become senior to him, the said representation was considered by respondents and was rejected . on 28.7.2007 on the ground that petitioner's case was not supported by rules nor fall under the instructions of Inspector General Police. Promotion to the rank of ASI is to be made as per promotion list-D which is maintained at the range level and not at the district level. The petitioner's confirmation in the rank of H.0 w.e.f 19.2.1992, the date of out of turn promotion did not make the petitioner senior to HCs (now S.Is) as all of them were senior to him in promotion list-D which is basic step for promotion in the rank of S.I. This order was set-aside by the learned Punjab Service Tribunal, Lahore.
The respondent again passed the order on the same analogy which was set-aside by the learned Punjab Service Tribunal, Lahore. The Hon'ble Supreme Court of Pakistan has held that word "consider" has a significance and where the word "consider" has been used in the judgment, the authority is bound to decide the case after due consideration. The impugned order thus is without any reason and as such the same is set-aside and matter is remanded to respondent for deciding the same afresh keeping in view the judgment of learned Punjab Service Tribunal, Lahore dated 17.1.2011. The petition is allowed in the above terms.