' S. ABDUL JABBAR KHAN (CHAIRMAN).-Sheikh Muhammad Iqbal, Professor, Government College, Lahore has filed an appeal before this Tribunal against the impugned order dated 31st December, 1979 of Secretary Education. He has impleaded the Secretary Education as respondent and has prayed that condition of withholding of financial benefits from 1st June, 1973 onwards as imported in the impugned order dated 31st December, 1979 and the final order dated 1st July, 1980 be set aside and respondent be directed to pay arrears of pay and allowances and all other financial benefits which had accrued to him as a result of his promotion with effect from 1st June, 1973.
2. We have heard the learned counsel for the appellant as well as the learned District Attorney and have perused the record of this case with their assistance.
3. It is established on the record that the appellant was due for promotion from 1st June, 1973 from the post of Assistant Professor to that of Associate Professor. A representation was submitted by the appellant to the higher authorities which was accepted inasmuch as the appellant was promoted as Associate Professor with retrospective effect from 1st June, 1973 vide notification dated 31st December, 1979 which is placed on the record as Annexure 'A'. It is also evident that a condition was imposed in the order "that he would not get any financial benefit out of this promotion". The relevant rule contained in Government letter dated 16th October, 1973 placed as Annexure "C" by the appellant, runs as under :- "7. It may also be added that promotion is not a legal right and, therefore, claims for pro forma promotion are not enforceable through Courts of Law, but once pro forma promotion is granted it will not be possible to withhold the arrears of salary. Special care should, therefore, be exercised at the time of ordering pro-forma promotion."
4. We are in full agreement with the contention of the appellant that we in our earlier decisions have accepted this contention in a number of cases. In view of the clear position laid down in the notification mentioned above, and by our own decisions we proceed to set aside both the impugned orders with regard to the condition laid down therein of withholding of financial benefits from 1st June, 1973 onwards. The appeal is accepted. There will be no orders as to costs.