Law: Punjab Subordinate Judiciary Service Tribunal Act, 1991

Section: 5,6

Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----Ss.5 & 6---Proforma promotion after retirement---Scope---Delay in decision of service matter not attributed to the Judicial Officer---Adverse remarks in Performance Evaluation Reports ('P.E.Rs')---Scope---Plea of the appellant (retired Judicial officer) was that he was entitled to promotion from Additional District and Sessions Judge ('ADSJ') to District and Sessions Judge ('DSJ') from the time one other Judicial officer (ADSJ) junior to him was promoted to DSJ---Held, that the Performance Evaluation Committee ('P.E.C') declined pro forma promotion to the appellant for the reason that he had filed representation in said regard after his retirement---Record revealed that the appellant had been pursuing the matter before the department, the Tribunal and even the Supreme Court since long---Previously a decision was passed in his favour while he was in service but later the matter was directed to the P.E.C which passed impugned order after many years, so the delay in rendering decision was attributable to the respondent, which could not be construed to adversely affect the appellant---Adverse remarks in appellant's (Performance Evaluation Reports) ('P.E.Rs') stood expunged by the Tribunal in earlier round of proceedings a long time ago and, admittedly, there was no question as to merit and eligibility of appellant for proforma promotion as District and Sessions Judge - Appellant had unblemished career as a Judicial Officer and no other legal impediment in way of granting proforma promotion to appellant had been advanced by the respondent---Since the appellant stood retired and at that time, matter was pending before P.E.C, therefore, he was entitled to proforma promotion as District and Sessions Judge from the date when a judge junior to him was granted such promotion and consequential benefits as per law---Impugned order was set-aside---Appeal was allowed, in circumstances. Secretary School of Education and others v. Rana Arshad Khan and others 2012 SCMR 126 ref. JUDGMENT MUHAMMAD SAJID MEHMOOD SETHI, J.---Through instant appeal, appellant has challenged vires of order / letter dated…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492