Law:

Section:

(a) Administration of justice--- ----Where the law requires an act to be done in a particular manner, it ought to be done in that manner only, and such a dictate of law cannot be termed as a technicality. Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255 ref. (b) Civil service--- ----Proforma promotion---Meaning and scope of proforma promotion stated. The concept of proforma promotion is to remedy the loss sustained by an employee/civil servant on account of denial of promotion upon his legitimate turn due to any reason but not a fault of his own and in cases where a temporary embargo was created against his right for such promotion or a legal restraint was posed against his claim owing to any departmental proceedings inquiry etc. against him and the said obstacle is done away with ultimately then in such a situation, his monetary loss and loss of rank is remedied through proforma promotion. A civil servant has a fundamental right to be promoted even after his retirement through awarding pro forma promotion provided his right of promotion accrued during his service and his case for promotion could not be considered for promotion for no fault of his own and he is retired on attaining the age of superannuation without any shortcoming on his part pertaining to deficiency in the length of service or in the form of inquiry and departmental action taken against his right of promotion. It is fundamental right of a civil servant to be promoted even after his retirement by awarding pro forma promotion provided such right accrued during his service and his case could not be considered for no fault of his own and that he should not be penalized for lapses and negligence on part of the department. Arshad Ali v. WAPDA and others 2020 PLC (C.S.) 1226 ref. (c) Civil service --- ----Promotion---Promotion cannot be claimed as matter of right. Secretary School of Education and others v. Rana Arshad Khan and others 2012 SCMR 126 ref. JUDGMENT JAWAD HASSAN, J.----The Petitioner has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (the Constitution) and assailed order dated…

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