Brief facts of the case are that appellant was enlisted as Inspector in Punjab Police, Rawalpindi Region and later was confirmed as such w,e,f, 7.10.1990. He also qualified the advance course in 1990 which was pre-requisite for promotion to the rank of DSP. Respondent No, 1 circulated seniority list of confirmed Inspectors on 6.11.2008, the name of the appellant was placed at Serial No, 314.
Thereafter, Respondent No, 1 vide notification dated 12.02.2009 promoted certain Inspectors as DSP but appellant was not promoted and private Respondent No, 2 was promoted as DSP though he was placed in the seniority list at Serial No, 315, below the name of the appellant. That vide order dated 12.01.2010 Respondent No, 1 issued promotion list of Inspectors but name of appellant did not figure anywhere.
2. Aggrieved of promotion order of his junior Inspectors, appellant preferred departmental appeal which was declined with observation that he was deferred in February, 2009 having not completed seven years length of service as confirmed Inspector and again superseded in January, 2010 due to awarding of major penalty in the year 2007 vide order dated 21.03.2012. Hence this appeal.
3. Arguments heard, record perused.
4. Perusal of record reveals that appellant was enlisted as Inspector in Punjab Police on 07.10.1990 and his name figured at Serial No, 314 in the seniority list of confirmed Inspectors notified on 6.11.2008. His case for promotion to the rank of DSP was considered in the DPC meeting held on 12.2.2009 and was deferred due to incomplete record.
5. On the other hand, the name of Respondent No, 2 figured at Serial No, 315 in the seniority list of Inspectors, his name was considered in the said. DPC and having satisfactory service record he was cleared for promotion by the DPC vide notification dated 12.2.2009 and was promoted to the rank of DSP vide notification dated 17.04.2009. Later, the name of the appellant was again considered in the DPC meeting held on 12.01.2010 but appellant was not promoted with the observation that "Recommended to be superseded for promotion to the rank of DSP due to major punishment awarded in the year 2007."
6. Thereafter, no DPC could be held for promotion of Inspector(s) to the rank of DSP due to seniority dispute of directly recruited Inspector(s) viz-a-viz promotee Inspectors. Later appellant retired as Inspector from service on 04.02.2012 on attaining the age of superannuation.
7. According to Proforma Promotion Policy mentioned at (I) in circular Letter No, SOR.II(S&GAD)2- 59/78 dated 19.04.2008 in Punjab Estacode 2013 at page 87 the definition of Proforrna Promotion is as follows:-- "Proforma Promotion means predating of promotion of a civil servant with effect from the date of promotion of his junior for the purpose of payment of arrears and fixation of pay. It means that a civil servant who was entitled to be promoted from a particular date, but for no fault of his own, was wrongfully prevented from rendering service in the higher post, is entitled' for proforma promotion and payment of arrears of pay/ allowances.and re-fixation of pay."
8. Similarly Proforma Promotion to retired officers/officials is at page 89 in (V)' as under:-- "This means a case where a senior officer/official was deferred for promotion due to no fault of his own and his junior was promoted and subsequently the senior was also promoted, during his service, but could not get Proforma Promotion during service and retired."
9. It is explicitly clear in proforma promotion to retired officer/official that only those become eligible/entitled who are promoted during service and they file their papers but for no fault on their part are wrongfully prevented from rendering service in the higher post, such officer/official are entitled only to the payment of arrears of pay and allowances and re-fixation of pay from the date of promotion of their juniors.
10. In the case in hand, appellant's papers for promotion remained under process but unfortunately, till retirement appellant could not be regularly promoted to the rank of DSP, therefore, in view of the Proforma Promotion Policy he became ineligible.
11. According to Section 8(3) of the Punjab Civil Servants Act, 1974 promotion shall be granted with immediate effect and be actualized from the date of assumption of charge of the higher post and shall in no case be granted from the date of availability of post reserved for promotion.
12. Similarly in Section 8(5) a retired civil servant shall not be eligible for grant of promotion or proforma promotion.
13. The conditions attached under the Proforma Promotion. Policy afore-referred are inconsonance with the provision of Section 8(3)(5) of the act ibid.
14. As a result of above discussion, appellant is not eligible for promotion/proforma promotion to the rank of DSP having retired from service as Inspector. Appeal is dismissed accordingly.