MUHAMMAD FARRUKH IRFAN KHAN, J.---Brief facts of the case are that the petitioner was initially appointed as Assistant (BS-1 1) on 21.06.1987 in the respondent-department. Subsequently he was promoted as Staff Officer (BS-16) on 19.05.2001 and finally as Assistant Director (General Cadre) (BS-17) on 27.12.2016. Grievance of the petitioner is that respondents Nos,6 to 9 after their promotions as Staff Officers figured in the Seniority List at Serial Nos. 25, 26, 31 and 27 respectively while the petitioner was at Serial No,24, as such, he was senior to them and eligible to be promoted as Assistant Director (G.C.) (BS-17) w,e,f, 03.11.2009 when his junior Mudassar Majeed- respondent No,6 was promoted; that Rehan Akbar and Muhammad Rashid, respondents Nos,7 and 8 who were also juniors to the petitioner were also given proforma promotion w.e.f. 05.08.2010 but the petitioner was ignored illegally; that aggrieved from the above illegal and discriminatory act of respondents Nos,1 to 4 the petitioner voiced his grievance through representations dated 05.05.2017 and 19.12.2017 before the respondent-department claiming proforma promotion as per his entitlement but the Competent Authority declined the same vide letter dated 08.01.2018, hence this writ petition.
2. Notices were issued to the respondents. Respondents Nos,1 to 5 have filed report and parawise comments wherein it is stated that the petitioner has been an active member of the Trade Union and remained office bearer as Deputy General Secretary and General Secretary of the Union, as such, he was never interested to get promotion as Assistant Director and deliberately avoided to submit his ACRs for consideration before the DPC held in 2009 as this would have deprived him from the office of Trade Union; that meanwhile he was elected as General Secretary of the Trade Union for the years 2013 and 2014 and continued to enjoy the position and did not care for providing his missing ACRs as per direction of the DPC, despite having knowledge that his juniors had been promoted as Assistant Directors. The second meeting of DPC was scheduled for 04.02.2015 and its minutes were placed on the notice board of the department and at this occasion a letter was also issued to the petitioner requiring him to complete the shortcoming of his ACRs; that there is no mala fide and illegality on the part of the department as on each occasion DPC considered him for promotion and recommended him for promotion subject to completion of ACRs but he failed to provide the missing ACRs which resulted in deferment of his case; that he deliberately surrendered his promotion in order to remain a member of the Trade Union and enjoy elected offices thereof.
Learned counsel for the respondents submits that in view of such conduct of the petitioner he cannot claim proforma promotion as he intentionally and willfully failed to submit his ACRs within the time stipulated in the decision of both the Departmental Committees; that at present the petitioner is under suspension and an inquiry is pending against him on the report of Director Estate Management-II, LDA on the allegation that he is involved in illegal encroachment of various Plots of Block-H and P of Sabzazar Housing Scheme, Lahore in connivance with land mafia for ulterior motives, hence he has approached this Court with unclean hands and is not entitled to get relief from this Court.
3. Arguments heard. Record perused.
4. Admittedly the petitioner was consid ered for promotion as Assistant Direc tor in DPC meetings held on 03.11.2009 and 04.02.2015 and decision on both the occasions was in his favour subject to provision of ACRs for the missing period. The argument of learned counsel for the petitioner has no force that at the time of first DPC meeting dated 03.11.2009 the petitioner was not conveyed the decision/requirement of filing of missing ACRs, It cannot be believed that the petitioner being an active unionist was not aware of the fact that his colleagues and juniors were promoted while superseding him by the respondent-department. It is not denied by the petitioner's counsel that the petitioner was an active member of the Trade Union and held the office of Deputy General Secretary and subsequently General Secretary in the years 2013 and 2014. Thus it is quite evident that if he had complied with the decision of the DPC, he would have been promoted to the officers cadre, but he deliberately did not do so because after his promotion in Grade-17 he would lose the lucrative seat of the Trade Union which he did not want. The proforma promotion Polic y issued vide letter No. SOR-II(S&GAD) 2-59/78 dated 19th April, 2003 is reproduced as under:- "Proforma Promotion means predating the 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".
5. From the perusal of the above Proform a Promotion Policy it is quite evident that civil servant will be eligible for consideration of promotion if he was entitled to be promoted from a particular date but for no fault of his own was wrongfully prevented from performing his service in the higher grade. Whereas in the present case the petitioner was an active office bearer of the Trade Union and involved in its activities when he was recommended for promotion to the rank of Assistant Director (General Cadre/BS-17) on regula r basis, subject to satisfactory completion of ACRs within three months in DPC meeting held on 03.11.2009 but he failed to provide complete ACRs to the authority to enable it to process his case of promotion. On the second occasion when he was recommended to be promoted to the post of Assistant Director (General Cadre/ BS-17) on regular basis subject to provision of last five years satisfactory ACRs by DPC in its meeting dated 04.02.20 15, he had enjoyed the office of General Secretary of the Trade Union in the years 2013 and 2014 and despite being specifically asked through letter No,LDA/ADMN/A.O.-1 1/101 dated 11.02.2015 to provide ACRs for the last five years immediately , so that his promotion could be notified, he willfully did not do so because no longer he was promoted to officers' cadre, he would have been prevented to undertake Trade Union activities. In the above backdrop, it is crystal clear that the petitioner was neither ignored nor any mala fide or illegality was undertaken by the respondent-department against him in granting him promotion to the higher cadre. His wilful failure on both occasions to comply with the requirement of the DPC resulted in his deferment.
6. It is also note worthy that the petitioner has failed to bring on record any departmental representation made by him during the period 2009 to 2015 when he was not promoted to the next grade i,e, BS-17 or on department's failure to act on his representation he approached any Competent Forum during the said period. The petitioner was considered third time in the DPC meeting held on 04.12.2016 and promoted to the post of Assistant Director (General Cadre/ BS-17) on regular basis with immediate effect. In this regard, Clause 2(2) of Promotion Policy , 2010 is also to be kept in mind which is reproduced as under:- "Subsection (1) of Section 8 of the Punjab Civil Servants Act, 1974 provides that a civil servant shall be eligible to be considered for appointment by promo tion to a post reserved for promotion in the service or cadre to which he belongs. Subsections (2) and (3) further lay down that promotion including proforma Promotion shall not be claimed by any civil servant as of right and that promotion shall be granted with immediate effect."
According to the above Promotion Policy the petitioner in absence of any evidence that he was prevented from being promoted to the next grade or that the respondent-department was negligent in discharging its responsibility including failure to hold DPC meeting at the relevant time, cannot be granted proforma promotion w,e,f, 03.11.2009 or 04.02.2015 when his juniors were promoted, at this late juncture. The promotion has been granted to him vide order dated 27.12.2016 with immediate effect as per clause 2(2) Promotion Policy , 2010 after fulfillment of all the requirements which were to be made by the petitioner .
7. In view of the above discussion, this writ petition has no merits IF and is dismissed with no order as to cost.