Law:

Section:

Punjab Service Tribunals Act (IX of 1974)--- ---S. 4--Punjab Government Policy letter dated 16-10-1973--Pro forma promotion--Official under suspension facing a departmental inquiry on serious charges and her promotion therefore deferred--When eventually she was exonerated of charges she had to be given pro forma promotion from date on which she would otherwise have been promoted-- Colleagues of such official were promoted to next grade on due date whereas selection grade and promotion for such official were withheld on account of pending enquiry against her--Ultimately inquiry was dropped and official was thereafter given selection grade but not promoted from due date or when next junior was promoted--Authority had not controverted that she was senior to others--Promotion was withheld on account of a pending inquiry which had since been dropped, other such officials had been allowed promotion from due date and she had been allowed selection grade from due date--Held: In view of failure of Authority to controvert basic facts, official-was entitled to promotion from due date according to policy letter dated 16-10-1973 as well as for reason that such other officials had been allowed promotion from due date--Such a clear discrimination was not permissible in law--Order accordingly. Masud Ahmad Riaz for Appellant. A.G. Humayun, District Attorney for Respondents. Date of hearing: 3rd April, 1988 JUDGMENT The relevant facts for the decision of the appeal are that the appellant joined Education Department as S.E. Teacher on 17-11-1950 and was confirmed as such on 1-4-1952. She was serving as District Inspectress of Schools and posted at Rahim Yar Khan in the year 1969, when a case was registered against her and others. The Department after registration of case decided to initiate disciplinary proceedings against the appellant. The appellant was accordingly served with charge-sheet together with statement of allegations. The appellant submitted reply thereto. The inquiry was still pending when on 16-8-1985, some colleagues of the appellant were promoted to BPS-18 whereas the selection grade and promotion of the appellant were withheld on account of pending inquiry. The…

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