Case Details

Citation(s)
1985 SLG 2236 1985 SLD 2236 1985 PLC 911
Service Tribunal, Punjab
Case No. 617/130 of 1982, decided on 30th October, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER

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MUHAMMAD ISRAR NABI

VS

THE PROVINCE OF PUNJAB AND 4 OTHERS

Law:

Section:

Civil Service- --Pro forma promotion-Officiating S. D. O. compulsorily retired from service-On appeal reinstated, but was paid arrears of pay as Sub-Engineer-Denied pro forma promotion during period be remain­ed out of service-Held: No body can claim pro forma promotion as a right-Appellant's case once having been considered and rejected, Tribunal had no jurisdiction to confer same-Further held : Period of ad hoc appointment as S. D. O. not having been extended, appellant was likely to be reverted to his substantive post of sub­engineer. Appellant in person. A. G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBRR KHAN, (CHAIRMAN).- Muhammad Israr Nabi, has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Province of Punjab through the Secretary SGA&I Department. Lahore, the Secretary to Government of the Punjab, Communication and Works Department, Lahore, Chief Engineer, Punjab Buildings Department., Lahore, the Secretary to Government of the Punjab, Finance Department, Lahore and the Accountant-General, Punjab, Lahore, as respondents. 2. By virtue of this appeal he has prayed that he may be conferred pro forma promotion from 1st July, 1972 to 10th June, 1980 and for this period he be considered working as S. D. O. and not as Sub­ Engineer. 3. Brief facts of the case are that the appellant was promoted as officiating S. D.O. alongwith 105 S. D. Os. in the year 1963. While rest of the colleagues were inducted into service in the year 1972. He along­with some of the counter-parts were compulsorily retired in March, 1979 under M. L, R. 114. The appellant filed appeal against the said order and was reinstated into service vide judgment of the Service Tribunal, dated 24th February, 1980. The department however, paid the arrears of pay by treating him as Sub-Engineer from 1st July, 1972 to 10th June, 1980 and rest as S. D. O, The appellant however, agitated before the Governments/respondents that be should be considered as S.D.O. for the said period i.e. from 1st July, 1972 to 10th June, 1980, because when he was removed from service under M.L R.-114, he was working as S. D.O. In this…
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