Law:

Section:

      (Against the judgment dated 02.11.2022 of the Federal Service Tribunal, Islamabad in Appeal No. 813(R)CS of 2021). (a) Civil service Ante-dated / proforma promotion---Successive super sessions on the basis of adverse remarks---Grant of promotion in the year 2020 after expunction of adverse remarks---Representation for proforma promotion filed by the respondent/employee before appellant-department was rejected, whereas, the appeal preferred before Federal Service Tribunal was accepted---Contention of the department was that respondent never challenged the DPC decision for 2015 to 2019 and as those orders of the supersession still subsist, he could not now claim ante-dated or proforma promotion---Validity---Once the adverse remarks were expunged by the Tribunal and that finding was upheld by the Supreme Court, they ceased to exist in the service record ab initio and in the eyes of law they were deemed never to have been recorded, thus, any supersession resting entirely on those remarks collapsed with them---Orders of supersession were derivative and consequential in nature; once their premise was extinguished, they stood denuded of all legal effect---Non-challenge to such supersession orders, therefore, carried no independent significance---One cannot be compelled to challenge a shadow of decision whose substratum has been judicially erased---Insistence that the respondent should have separately impugned those orders amounts to requiring a meaningless formality; an exercise in futility that the law does not demand---Leave to appeal was refused---Civil petition was dismissed, in circumstances.        Abdul Ghani Chaudhry v. Secretary Establishment, Islamabad and others 1998 SCMR 2544 Distinguished. (b) Administration of justice -When the foundation of an administrative order disappears, the superstructure built upon it cannot survive.               Date of hearing: 13th October, 2025.                                                …