ALI BAQAR NAJAFI, J. --- Through this Constitutional Petition, the petitioner seeks setting aside of order dated 04.06.2013 passed by the Secretary, Local Government and Community Development Department and prays for direction to act upon in accordance with law and place the promotion case of the petitioner before the concerned Departmental Promotion Committee in the light of Notification dated 19.04.2003.
2. Brief facts giving rise to the filing of this writ petition are that vide order dated 19.04.2013 passed by this Court in Writ Petition No. 9549 of 2013 a direction was issued to respondent No. 1 to decide the pending application of the petitioner dated 15.04.2013 attached with the said petition as "Annex-B" in accordance with law through a speaking order after providing him an opportunity of hearing within one month of the receipt of the certified copy of the said order but respondent No. 1 was reluctant to decide the representation within a stipulated period and as such the petitioner was constrained to file a petition bearing Criminal Original No. 1224-W of 2013 for compliance of the said order. However, respondent No. 1 has rejected the representation filed by the petitioner vide order dated 04.06.2013, hence this writ petition.
3. Learned counsel for the petitioner submits that the petitioner was inducted into the Punjab Local Council Service (L.C.S) as Sub-Engineer BPS-11 and after qualifying the service for Selection Grade BS-16; that being the senior most Sub-Engineer the petitioner was entitled for promotion as Sub- Divisional Officer BPS-17 as his juniors are promoted to the said rank that the petitioner was neither promoted as SDO on permanent nor on officiating basis for several years but he was not regularized as such; that case of the petitioner is required to be considered for promotion by placing it before the concerned Departmental Promotion Committee; that in the light of Section 8 of the Punjab Civil Servants Act, 1974 the petitioner is also entitled to be promoted at the relevant time but his case was not processed before the concerned Departmental Promotion Committee; that even the retired government servant may be considered for proforma promotion, provided he files a representation to this effect during his service.
4, I have heard the learned counsel for the petitioner and perused the available documents attached with this petition.
5. Vide order dated 04.06.2013 passed by
6. Respondent No. 1, it has been observed in Para-4 that as per clause 8(2) of the Punjab Civil Servants Act, 1974 promotion/proforma promotion cannot be claimed by any civil servant as of right and that civil servant being no longer in service ceases to be a civil servant, hence he cannot avail the benefit of promotion/proforma promotion. I am afraid this is against the dictum laid down in SECRETARY SCHOOLS OF EDUCATION and others v. Rana ARSHAD KHAN and others (2012 SCM R 126), wherein it is held that if the Department had delayed the matter of promotion without any justifiable reason, then civil servant cannot be made to suffer and notwithstanding his retirement, department is required to promote him, if found entitled otherwise. This Court has also observed the same view in the judgment dated 18.09.2012 passed in Writ Petition No. 21006 of 2012 titled "Mst.
Shamin Usman, Associate Professor v. Chief Secretary, etc " in which a retired government servant was directed to be considered for promotion as his case was not processed until superannuation.
7. In this view of the matter, this writ petition is
8. Disposed of with the direction to the respondents to consider the petitioner in the above terms. .