Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Pro forma promotion---Leave to appeal was granted to examine petitioners' contention that Service Tribunal had completely ignored policy decision of Provincial Government (West Pakistan) on the subject of pro forma promotion taken as far back as on 4-12-1962, and also policy decision of Government of Balochistan dated 17-5-1981, which was later reiterated in Circular dated 8-9-1982, whereby it was decided that if a Government servant would have been otherwise promoted, but for any proceedings against him, then after his honourable acquittal, he could be given pro forma promotion retrospectively; that reasons, which prevailed with the department in not granting pro forma promotion because he was ad hoc employee and that no officer junior to him had been promoted from an earlier date, were untenable for petitioner's appointment had been regularised with retrospective effect from 6-9-1973, and he was, therefore, entitled to promotion even if no officer junior to him was promoted. (b) Constitution of Pakistan (1973)--- ----Art. 212(3)---Promotion---Entitlement---Government's policy for grant of pro forma promotion did not postulate that appellant on the basis of service record and performance would have been promoted on due date, but for the circumstance that criminal case against him had not yet been decided---Nothing on record was available to show as to how in 1979, appellant could even be considered for promotion, when in the matter of time, he was not even confirmed in the post in the lower grade---Plea raised having no substance was rejected in circumstances. JUDGMENT ABDUL KADIR SHAIKH, J.---This appeal by leave is directed against the judgment of Balochistan Service Tribunal dated 14-9-1986, dismissing an appeal filed by appellant whereby he claimed that he is entitled to pro forma promotion as a Horticulturist in Grade-18 with retrospective effect from 28-5-1979 with full financial benefits of the higher post. Facts briefly stated are that appellant was appointed as Agriculture Assistant on 25-5-1959, and, thereafter, was promoted to the post afterwards designated as Assistant Horticulturist and was…

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