Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--R.6---Constitution of Pakistan (1973), Art. 212(3)---Pro forma promotion--­Entitlement---Departmental Promotion Committee had recommended pro forma promotion to respondent on his representation with effect from 28-11-1972 i.e. with effect from that date when petitioner was promoted---Such recommendation was not approved by Services and General Administration Department---Service Tribunal, however, accepted respondent's contention that in view of R.6, Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, Services and General Administration Department had no power to approve or disapprove recommendations of Departmental Promotion Committee; that Secretary of concerned Department alone could pass orders without referring such matter to Services and General Administration Department; and that order of Services and General Administration Department refusing to approve recommendation of Departmental Promotion Committee for grant of pro forma promotion to respondent was of no legal effect, which was set aside with direction that recommendations of Departmental Promotion Committee should be acted upon by Secretary of concerned Department---Validity---Service Tribunal had rightly found that Secretary of concerned Department alone was competent to consider recommendations of Departmental Promotion Committee---Case was thus, rightly remitted to Secretary for passing appropriate orders on recommendation of Departmental Promotion Committee--- Judgment of Service Tribunal would not merit interference by Supreme Court---Leave to appeal was refused in circumstances. Hafiz Tariq Nasim, Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners. Lal Khan, Advocate Supreme Court and S. Abul Asim Jafri, Advocate-­on-Record for Respondent No. 1. Walayat Umar Chaudhry, Advocate Supreme Court for Respondents Nos.2 and 3. Date of hearing: 18th October, 1995. ORDER ZIA MAHMOOD MIRZA, J. ---Petitioners Muhammad Anwar Rahi and Muhammad Aslam have filed this petition to seek leave to appeal against the judgment of the Punjab Service Tribunal, Lahore dated 3-5-1995…

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