Law:

Section:

Civil service-------Pro forma promotion---Object and purpose---Entitlement to pro forma promotion---Requirements---Civil servant in the present case, had retired on attaining the age of superannuation on 3-10-1995 as BPS-18 officer; he was promoted in the said grade w.e.f. 17-9-1975 and received all his pension and other dues and benefits till the date of his superannuation dated 3-10-1995; he had made for the first time a representation on 10-9-2000, after the lapse of five years for grant of pro forma promotion and fixation of pay and payment of arrears stating therein that he was entitled to BPS-18 w.e.f. 1986 and move-over to BPS-19 under S.R.O. 1092(I)/95 dated 6-11-1995---Civil servant had not challenged his delayed promotion when others who were juniors to him, were promoted in 1996---Validity---Retrospective pro forma promotion in respect of retired officer was not admissible under the Rules---Principles. Government of Pakistan through Establishment Division Islamabad and others v. Hameed Akhtar Niazi, Academy of Administrative Walton training, Lahore and others PLD 2003 SC 110 and Muhammad Saleem Bhatti v. Secretary to Government of the Punjab, Agriculture Department, Lahore and others 1985 PLC (C.S.) 26 ref. Hafiz S.A. Rehman, Senior Advocate supreme Court and M.A. Zaidi, Advocate-on-Record for Appellant. Ms. Nahida Mehboob Elahi, D.A.-G. for Respondents Nos.1 and 2. Mahmood A. Sheikh, Advocate Supreme Court for Respondent No.3. Date of hearing: 18th April, 2006. JUDGMENT HAMID ALI MIRZA, J.---This civil appeal with leave of this Court, dated 15-1-2002 is directed against judgment dated 29-1-2001 in Appeal No.716(R)CS of 2000, passed by learned Federal Service Tribunal, Islamabad, whereby the said appeal was dismissed in limine, hence this appeal with leave of this Court. 2. Brief facts of the case are that the appellant made representation before respondent No.1 for grant of pro forma promotion and fixation of pay and payment of arrears stating therein that he is entitled to BPS-I8 w.e.f. 26-1-1986 and moreover to BPS-19 under SRO No.1092(1)95, - dated 6-11-1995 considering that one Mr. Abdul Qaddus a BPS-17 Officer who was junior to him and also…

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