Law: Punjab Civil Servants Act, 1974 

Section: 22

Law: Limitation Act, 1908

Section: 13(i)

Summary

The Service Tribunal allowed the appeal and set aside the impugned orders whereby the appellant’s request for grant of proforma promotion as Senior Civil Judge w.e.f. 21.11.2013 was declined. The Tribunal held that the appellant’s termination had already been declared illegal and set aside, his adverse record had lost efficacy, and all impediments to his promotion stood removed. Since his junior had been promoted earlier, denial of proforma promotion violated settled principles of service law. The plea of limitation under Section 22 of the Limitation Act, 1908, due to late impleadment of certain respondents, was rejected as the appeal against the department was filed within time and the omission was bona fide, causing no prejudice.

Tag Line 

Once adverse record is wiped out and all hurdles are removed, a civil servant is entitled to proforma promotion from the date his junior was promoted; bona fide delay in impleadment of proforma respondents does not defeat a timely appeal against the department.

ORDER;