Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Retired bank employee---Non-entitlement to promotion---Scope---Promotion notification---Prospective effect---Notification applicable to existing employees and not retired employees---Petitioner who was an employee of the Bank retired on 10-4-2008---Subsequent to that on 29-4-2008 the Bank approved its promotion policy, and issued a notification whereby promotion was given to regular employees of the Bank with effect from 1-1-2008---Claim of petitioner was that in light of said notification, he was entitled to promotion, notwithstanding the fact that he had retired from the bank on 10-4-2008---Validity---Plain reading of the notification in question showed that its operation was prospective, and it applied to all 'existing officers'---Nothing in the language of the notification suggested that its benefit would apply to retired employees, rather it suggested that it would apply to all officers presently employed---By way of notification in question only those employees were eligible for promotion who were in the service of the Bank at the relevant time---Notification could not have retrospective effect unless it was specifically stated---If the notification was intended to include retired employees it would clearly say so---No reason existed to assume that effective date of promotion would include retired employees---Constitutional petition was dismissed in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Retired Bank employee---Entitlement to promotion---Scope---Retired employee could not take benefit of a (promotion) notification (issued by the employer) after his retirement---Once employee had retired he had severed all ties with the employer and there was no basis upon which any benefit could be claimed. (c) Notification--- ----Prospective effect---Scope---Notification which was prospective in its operation from the date of its issuance, could not be given retrospective effect unless specifically stated. Senior Member BOR and others v. Sardar Bakhsh Bhutta and another 2012 SCMR 864 rel. JUDGMENT MRS. AYESHA A. MALIK, J.--- Through this writ…

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