MUHAMMAD MAHMUD ASLAM PIRZADA, CHAIRMAN.- Javed Dastgir Mirza has filed this appeal under Section 4 of the Punjab Service Tribunals Act, 1974 against the impugned order dated 15.10.1987 passed by Respondent No. 1. The appellant has impleaded Government of the Punjab through Additional Chief Secretary and others as respondents. Through this appeal the appellant has prayed that the impugned order dated 15.10.1987 passed by Respondent No. 1 be set aside and the Respondent No. 1 may be directed to modify the Notification dated 2.4.1986 to the extent that the date of appellant's promotion be ante-dated to 4.6.1978.
2. The relevant facts for the disposal of this appeal are that the appellant was selected by the West Pakistan Public Service Commission and according to seniority list of EA. Cs. He was shown at serial No. 166. The appellant was due for promotion to B.S. 18 from 4.6.1978 when the appellant's next Junior Ch. Muhammad Siddique was promoted. During the same year appellant was placed on special report for six months with view to promote him from due date but appellant's case was not placed before the Provincial Selection Board Meeting in the year 1979. Even after earning that good special report the appellant earned two excellent reports as a Special Magistrate. Appellant's promotion was delayed till i986. Appellant was promoted from B.S. 17 to B.S. 18 w.e.f. 13.7.1986.
Consequently the appellant submitted representation requesting that appellant be promoted with retrospective effect i.e. 4.6.1978 from the date of promotion of his next junior Ch. Muhammad Siddique. Ultimately appellant's representation was rejected by final order dated 15.10.1978. Hence this appeal.
3. We have heard the learned counsel for the parties at length and perused the record with the assistance of the representatives of the department with care.
4. During the course of arguments Learned counsel for the appellant has contended that from 1979 onward till appellant's clearance for promotion vide notification dated 2.4.1986 appellant had earned 8-9 excellent reports but appellant's case for promotion was not considered in accordance with law and rules. Further argued that the proforma promotion had wrongly and illegally been disallowed to the appellant against the policy of the Government as laid down in letter No. SOR. II- (SGA&ID) 2-52/73 dated 16.10.1973 issued by the SGA&I Department.
5. The learned District Attorney has seriously opposed the appeal and argued that in the light of comments/report furnished on behalf of respondents the impugned order dated 15.10.1987 be allowed to stand. He has, however, failed to rebut the above contentions of the appellant's counsel.
6. After having gone through the file and on scrutiny of the record we have given our anxious thought to the submissions advanced by the Learned counsel for the parties and find that appellant was deferred for promotion on 16.10.1979 for a period of six months subject to the condition that he should earn satisfactory report. Although the appellant earned good report for that period and subsequent years but his case was not considered despite the fact that the meetings of the Section Board were held and in this way he was deprived of being considered for promotion. We also find that the impugned order dated 15.10.1987 was passed against the appellant in contravention of the provisions of the above quoted policy letter No. SOR. II (S&GAD)-2-52/73 dated 16.10.1973 of the Government of the Punjab on the subject, and the same is therefore, held to be illegal, arbitrary and capricious. On scrutiny of record we find that appellant's record of service is good except appellant's A.C.R, for a short period from 1.5.1971 to 4.9.1971 which had been recorded at an extremely belated stage in 1979 and has thus lost its sting and venom. It is a matter of extreme hardship that the appellant should be made to suffer due to inaction and failure on the part of Departmental Authorities. Consequently, the appeal is allowed and the impugned order dated 15.10.1987 is set aside, with the result that the appellant would be considered to have been promoted with all financial back benefits from 4.6.1978, the date from which his next junior Ch. Muhammad Siddique was promoted. There will be no order as to costs.
Parties be informed.