' FAZAL ILAHI KHAN, J.---This is a petition for leave to appeal against the judgment dated 29-12-1993 passed by Punjab Service Tribunal, Lahore, in Appeal No, 287 of 1993.
2. We have heard the learned counsel for the petitioners and that of caveator and also perused the record.
3. Raja Mumtaz Ahmed respondent, was appointed as Assistant Sub-Inspector in Police Department on 11-1-1959 and ultimately promoted as Deputy Superintendent of Police on officiating basis on 1-10-1993. He was transferred and posted as Assistant Director, F.IA., Islamabad with effect from 1-1-1984. While on duty he carried out a raid on a Foreign Exchange Racketeer which involved confiscation of foreign exchange amounting Rs,20 lac. At the recommendation of Mr. Ghulam Ishaq Khan, the then Chairman Senate, through his D.O. Letter dated 24-11-1985 addressed to the Governor of Punjab, that the officer wanted to be confirmed as D.S.P. The Government by order dated 16-2-1986 confirmed the respondent as D.S.P. In pursuance of the D.O. Letter referred to above. He was then transferred and posted as S.P., C.I.A. In his pay and scale vide Notification dated 31-7-1990 and he performed his duty as such till 22-7-1993.
4. Respondent filed a departmental appeal for consideration of his case for out of turn promotion as Superintendent of Police with effect from 31-7-1984 in the light of his services referred to above, and then filed an appeal before Punjab Service Tribunal. The Tribunal allowed his prayer and held him entitled to get out of turn promotion to the rank of Superintendent of Police with effect from 31- 7-1984.
5. It is not denied that the respondent was granted out of turn promotion because of his act distinguished and outstanding performance relating to busting of racket dealing in foreign exchange. He, therefore, legitimately claimed his promotion with effect from back date when he was recommended through the D.O. Letter referred to above. The Tribunal has taken into consideration the fact that in cases of officers mentioned in the memo. Of appeal and Appeal No, 118/92 and one reported in 1992 PLC 1029 decided by the Tribunal, out of turn promotions were given to the officer from the respective date of gallantry. The Tribunal has in those cases repelled the same contentions as are raised before us. Contention of the learned counsel that per decision of the Government dated 13-8-1990 out of turn promotion is not allowed has got no force in view of section 8-A of the Punjab Civil Servants Act, 1974 which provides for such promotion.
6. For the reasons stated above we find no infirmity in the judgment of learned Tribunal, hence, refuse to grant leave to appeal.