Law:

Section:

National Bank of Pakistan Promotion Policy, 2008--- ----Bank employee seeking promotion after their retirement---Scope---Bank on 29-04-2008 approved its Promotion Policy, 2008 giving promotion to the regular employees of Bank from clerical to officer Grade-III staff and up to Executive Vice President Cadre w.e.f. 01-01-2008---Employees claimed promotion under the said Promotion Policy notwithstanding the fact that they already stood retired before the said policy---Validity---Nothing was on record that Promotion Policy would also apply to retired employees---Promotion Policy, 2008 was only applicable to employees in service---Intention of the competent authority was that the notification was applicable to only of those employees who were in service and not yet retired---Retired employees were of different class from the employees in service---Any benefit granted by the employer to employees in service retrospectively could not be extended to retired employees automatically unless it was specifically granted to retired employees---Benefit of promotion had not been expressly given retrospectively to retired employees in the Promotion Policy, 2008---Notification for time scale promotion being beneficial could be applied retrospectively, however, unless express intention was shown to benefit retired employees the said notification could not be given retrospective effect for their benefit---Petitioners employees could not as of right claim promotion after retirement unless through some express notification or policy such benefit had been extended to them---Impugned order passed by Single Judge of High Court was well reasoned and based on correct interpretation of law---Intra-court appeal was dismissed in circumstances. Nazeer Ahmed Chakrani and 2 others v. Federation of Pakistan through Secretary, Ministry of Petroleum and Natural Resources, Government of Pakistan and 2 others 2009 PLC (C.S.) 776; Abdul Hameed v. Ministry of Housing and Works, Government of Pakistan, Islamabad and others PLD 2008 SC 395 and Muhammad Aslam Sultan v. Federation of Pakistan and others 2006 SCMR 1465 rel. THIS JUDGMENT DELIVERED BY: ABID AZIZ SHEIKH, J.--- This judgment will decide ICA…

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