Law:

Section:

Civil service------Pro forma promotion---Back benefits---Entitlement---Civil servant appointed as Inspector BPS-12 was not -considered by Departmental Promotion Committed for promotion as Superintendent BPS-14 on account of his involvement in criminal case whereas his juniors were promoted during that period---Subsequently when civil servant was exonerated from charge against him, his case of promotion was duly processed and he was promoted as Superintendent to BPS-14 and his original seniority was also restored to him, but he was not given full relief of his pro forma promotion from date his juniors were promoted and was not allowed pay, allowances and other consequential reliefs and back benefits---Validity---Pay, allowances and back benefits could not be refused to civil servant because he was not at fault at any time when his promotion case was deferred due to criminal cases ,against him in which he was acquitted and case against him proved false--­Civil servant who, after his exoneration, was restored to his original position and was promoted to BPS-14 and his seniority was also restored, was entitled to all back benefits. PLD 1973 Lah. 56; 1985 SCMR 1394; 1973 SCMR 304; 1989 PLC (C.S.) 609 and 1993 PLC (C.S.) 1057 ref. Abdul Rahim Bhatti for Appellant. M. Javed Aziz Sandhu for Respondents Date of hearing: 30th April, 1998. JUDGEMENT MUHAMMAD AYUB KHAN (MEMBER). ---Facts of the case are that the appellant appointed as Inspector (BPS-12) working under the respondents could not be considered by the concerned Departmental Promotion Committee for promotion as Superintendent (BPS-14) having been involved in some criminal cases, inter alia, and as such his juniors were promoted. Subsequently he was exonerated from the charge and his case duly processed, resulted in his promotion' by the Departmental Promotion Committee as Superintendent to BPS-14 by order dated 25-10-1997 "with immediate effect by assigning seniority with his batchmates promoted earlier". In other words he was promoted and also his original seniority restored to him as required under the Rules. 2. The matter did not end with his promotion and restoration of seniority to him but feeling aggrieved…

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