Law:

Section:

Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----S. 5---Grant of selection grade in BS-21 after retirement---Petitioner was retired as District and Sessions Judge (BS-20) on 16-3-2004---Through notification dated 3-7-2004, twenty one District and Sessions Judges including appellant's junior colleagues were granted selection grade in BS-21 ignoring the appellant---Contention of the petitioner was that he had been denied the selection grade in BS-21 without assigning any reason causing a serious mis carriage of justice---Plea of the authorities was that Provincial Judicial Selection Board had ignored the appellant for grant of selection grade in BS-21 in view of his unsatisfactory record and the said benefit could not be granted to the appellant being a vested right since the appellant had retired from service---Validity---Appellant retired from service attaining the age of superannuation on 16-3-2004, whereas the notification was issued on 3-7-2004 whereby his juniors were granted selection grade in BS-21 w.e.f. 9-12-2000; Besides vide same notification eight other already retired District and Sessions Judges were also awarded selection grade in BS-21, therefore, objection with regard to maintainability of the appeal was devoid of any force---Through notification appellant had been ignored for promotion in selection grade BS-21, whereas four officers, junior to the appellant, had been granted selection grade in BS-21 without assigning any reason for ignoring the appellant for the grant of selection grade in BS-21---In case of selection grade, selection was to be made on the basis of merit and the Authority in this regard had no other criterion to be taken into consideration except the merit by exercising fair and transparent discretion---Appellant was promoted as District and Sessions Judge in BS-20 by the respondent vide notification dated 22-4-1997 and by virtue of that promotion any advisory remarks about the appellant in his ACRs relating to the period prior to the said promotion had no relevance to ignore the appellant for selection grade in BS-21 w.e.f. 9-12-2000---Appellant's service record from 1997 till his superannuation on…

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