Law: Punjab Subordinate Judiciary Service Tribunal Act, 1991

Section: 5

(a) Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----S. 5---Annual Confidential Report---Adverse remarks---Pro forma promotion---Performance being below average---Appeal---Limitation---Back benefits---Pro forma promotion of the appellant was declined by the Authority on the ground that he earned adverse remarks in his ACRs---Validity---Appellant filed representation for grant of pro forma promotion as Additional District and Sessions Judge on 7-9-2006 which was declined by the Authority on 10-6-2013---Decision of the Authority was conveyed to the appellant on 11-6-2013 and he filed Service Appeal within 30 days from the date of decision of his representation---Civil servant had choice either to file appeal immediately on the expiry of 90 days from the date of filing of departmental appeal or he could have waited for the decision of same and file Service Appeal within 30 days thereof---Appellant waited for decision of his representation for seven years and when his representation was declined he filed the present appeal within 30 days---Present appeal was within time---Appellant earned adverse remarks in his three ACRs but same were treated as advisory in nature in his representation---Representation of the appellant was rejected on the ground that his performance was found "below average"---Nothing remained adverse against the appellant barring his promotion as Additional District and Sessions Judge---Appellant could not be deprived of his right of promotion from the date when he became eligible for the same---Rejection of representation for pro forma promotion was not justified---Authority was directed to grant pro forma promotion to the appellant as Additional District and Sessions Judge from the date when his immediate junior was promoted with all the consequential back benefits---Appeal was accepted in circumstances. Muhammad Yaqoob v. District Police Officer, District Sahiwal and 2 others 2006 SCMR 310 distinguished. Chief Engineer (North) and another v. Saifullah Khan Khalid 1995 SCMR 776 rel. (b) Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----S. 5---Appeal---Limitation---Civil servant had choice either to…

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