' MUHAMMAD AMEER BHATTI, J.--- Through this instant appeal, appellant has made the following prayer, which was refused through the impugned order dated 10.06.2013.
(i) As Senior Civil Judge w.e.f.
16.11.1999 i.e. The date when Ch. Abdul Razzaq next junior to him'was promoted as such.
(ii) As Additional District and Sessions Judge w.e.f.
05.09.2000, when Ch. Abdul Razzaq next junior to him was promoted as such (currently not in service).
(iii) As District and Sessions Judge w.e.f. July 2009, when Ch. Abdul Hameed District and Sessions Judge, was promoted as such (since retired on account of superannuation).
2. The relevant facts for disposal of the instant appeal are that during his service as a Civil Judge appellant, in three consecutive ACRs for the period 01.01.1998 to 31.12.1998, 01.01.1999 to 30.06.1999 and 01:01.2000 to 05.07.2000, earned adverse remarks and those were challenged in three independent appeals. This Tribunal vide consolidated judgment dated 30.01.2003 accepted all the appeals and set aside the adverse remarks incorporated in the ACR of the appellant being unwarranted. The matter went up to Hon'ble Supreme Court of Pakistan by filing three independent leave to appeals, however, Hon'ble Supreme Court of Pakistan vide judgment dated 08.12.2003 refused to grant leave to appeal qua ACR containing the period from 01.01.1998 to 31.12.1998.
Regarding other two ACRs, the leave was granted against the consolidated judgment of the Tribunal but without suspending its operation. It is pertinent to mention here that subsequently those appeals were also dismissed by Hon'ble Supreme Court of Pakistan.
' During the pendency of said appeals disciplinary proceedings on the basis of said adverse remarks incorporated in the ACRs of the appellant commenced. However, this process was dropped after the dismissal of appeals by Hon'ble Supreme Court of Pakistan, consequently the appellant was promoted as Senior Civil Judge and then Additional District and Sessions Judge.
Appellant applied for his proforma promotion w.e.f. 1999, which was declined by the authority against which he filed representation which also failed to find favour and was dismissed on 10.06.2013.
3. We have heard the learned counsel for the parties and examined the record of the case and order of the Sub-Committee dated 16.05.2013.
4. The only reason advanced to refuse proforma promotion by the Proforma Promotion Committee order dated 16.05.2013 was that one good ACR as required by law was not available for the period from 2002 to 2007 and even at the time his promotion as Senior Civil Judge was considered on 27.09.2008 and deferred. The observation of the Proforma Promotion Committee has been examined and it is found that the Committee has not considered the matter in its true perspective.
The ACRs of the appellant for the years 1998 to 2000, after the acceptance of appeals by this Tribunal and up holding by Hon'ble Supreme Court of Pakistan, were ceased to be adverse as such there was no legal justification for Proforma Promotion Committee to ignore these ACRs considering them to be not good. The claim of appellant apparently seems to be in consonance with law, as his junior was promoted as Senior Civil Judge on 28.10.1999 while he was ignored on the basis of adverse remarks recorded in his ACRs of 1998. Had these adverse remarks not been recorded in the ACRs of the appellant, he would have been considered for promotion on the date when his junior was promoted. After the decision of this Tribunal, which declared the adverse remarks without any legal justification and subsequently it was up held by Hon'ble Supreme Court of Pakistan, the claim of the appellant to get himself promoted from 1999, when his junior was promoted as Senior Civil Judge, was his fundamental right and this fateful aspect has eluded the attention of Proforma Promotion Committee. The Proforma Promotion Committee was obliged after expunction of adverse remarks from ACRs of the appellant to adjudge his case from the date when his junior was promoted as he had become eligible to get it processed from the date the adverse remarks had precluded the authority to consider him for promotion. The authority has incorrectly ignored his ACRs from 1998 to 2000, which amounts to denying the relief granted by this Tribunal and up holding by the Hon'ble Supreme Court of Pakistan.
5. For what has been discussed above, this appeal is allowed and the matter is remitted to the authority to re-consider the case of appellant as prayed for keeping in view the observations made by this Tribunal in the preceding paras.