MALIK HAQ NAWAZ, J.---- The instant Civil Miscellaneous No.295 of 2018 has been filed by the petitioner with the following prayer:-- "In view of the above facts and law it therefore humbly prayed that this Hon'ble Court may be pleased to admit this petition for implementation of judgment/order dated 13.04.2015 passed by Gilgit-Baltistan Service Tribunal in Service Appeal No.268/2014, and judgment dated 27.11.2017 in Civil Appeal No.84/2017 in C.P.L.A. No. 75/2015 passed by Hon'ble Supreme Appellate Court Gilgit-Baltistan with the direction to the respondents to implement the above judgments without fail and in true spirit with all benefits of pension and salary to the petitioner .
Or any other remedy which this Hon'ble Court deems proper may be granted to meet the ends of justice."
2. The brief facts of the case are that the petitioner filed an Appeal No. 268/201 4 before Service Tribunal G.B. which was decided on 13.04.2015. The paras Nos. 8 and 9 of the judgment are reproduced for ready reference:-
8. Nutshell of the above discussion is that on creation of the post of CSO Astore BPS-16, post of CSI BPS- 08 holding by appellant was abolished and appellant was allowed to hold the post of CSO Astore BPS-16.
He was also allowed to draw his pay against the newly created post of CSO BPS-16. Salary slip against the post of CSO Astore was also issued to appellant from AGPR. Ile has also availed increment against said post since 13.09.2008. Feeding post for promotion to the post of CSO BPS-16 is Storage officer BPS-09 as per recruitment rules. On 07-03-2014 Director Civil Supply and Transport GB had submitted a proposal to Secretary Food GB wherein it was suggested to promote the appellant as storage officer BPS-09 and then as CSO BPS-16 through proper DPC. The said proposal was also approved by Secretary Food GB on 4-4- 2014. In the light of said proposal appe llant has been promoted as storage officer in BPS-09 on 30-03-2015, formal promotion order of appellant against the vacant post of CSO Astore BPS-16 is yet to be issued.
Appellant is at the verge of retirement and going to retire in the month of June 2015. No financial implication will be involved in case of promotion of appellant in BPS-16 because he is already drawing salary against the said post since 2008. Appellant should not be penalizing for mistake and negligence of respondents. For the above reasons we are inclined to accept this appeal.
9. Appeal accepted. Respondents are directed to issue promotion order of appellant as CSO BPS-16 according to the approved recruitment and promotion rules of Food Department GB. re-order as to costs."
3. The respondent being aggrieved from the judgment/order of Service Tribunal G.B. filed Civil Appeal No. 84/2017 in C.P.L.A. No.75/2015 before the Hon'ble Supreme Appellate Court, which was decided by the apex Court on 27.11.2017, whereby the civil appeal filed by the respondents was dismissed.
4. The respondents filed a review petition by filing a Civil Miscellaneous No. 2/201 8 in C. Rev. No. 3/2018 before the Hon'ble Supreme Appellate Court, which met with the same fate vide judgment/order dated 03.04.2018.
5. The learned counsel for the petitioner submitted that the respondents are not implementing the judgment/order dated 13.04.2015 passed by the Service Tribunal G.B. and the petitioner is suf fering financial hardships.
6. On the other hand the learned Assistant Advocate General and Mr. Manzoor Ahmad, Advocate, counsel for respondents Nos. 2 and 3 submitted that the respondents were directed to issue promotion order of the petitioner as CSO BPS-16 according to the approved recruitment and promotion rules of Food Department G.B. The learned counsel submitted that the petitioner was lacking the required length of service therefore his promotion as (CSO BPS-16) Astore was not issued. The learned counsel lastly submitted that this court cannot go behind the order/decree passed by the Service Tribunal G.B. wherein the promotion of the petitioner has been directed to be ordered in accordance with the recruitment rules.
7. We heard the learned counsel for both the parties at a considerable length and found no substance in the arguments advanced by the counsel for respondents. As evident from the order of Service Tribunal G.B., the petitioner was drawing the pay as (CSO BPS-16) and was availing the benefits of the said post since 2008. On 07- 03-2014 the Director Civil Supply and Transport G.B. has submitted a proposal to Secretary Food G.B. to promote the appellant as storage officer BPS-09 and then as (CSO BPS-16) through proper DPC, which was approved by the Secretary Food G.B on 4.4.2014 and the petitioner was promoted as storage officer in BPS-9 on 30.03.2015 but his promotion order to the vacant post of CSO Astore was not issued.
8. We are of the view that the petitioner cannot be penalized for any act/omission of the respondents, therefore we direct the respondents to implement the order of Service Tribunal G.B. dated 13-04-2015 in its true letter and spirit and the petitioner shall be entitled for all the financial benefits related to the above post.
9. In the light of the above discussions, the instant Civil Miscellaneous No.295 of 2018 is accepted and disposed of.