Law:

Section:

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-------Rr. 7 & 8---Constitution of Pakistan (1973), Art.212(3)---Promotion---Considerations for---Appellant, having superannuation, retired from service, whereas he was due for promotion much before his retirement, but was not considered for said promotion on the ground that a restraint order was passed by Service Tribunal in another appeal---Order in said appeal was passed to protect the rights of appellant and authorities were not at all restrained to consider appellant in present appeal for promotion in his own right---Appellant was wrongly prevented to get next promotion and discharge the higher responsibilities as a result of which he was not only deprived of his legitimate right of promotion, but was also caused permanent loss of pensionary benefit of higher grade---Departmental authorities were directed by the Supreme Court to consider case of appellant for promotion as per his entitlement in accordance with law and complete the process within specified period. Dr. Mohyuddin Qazi, Advocate Supreme Court for Appellant. Syed Sajjad Hussain Shah, A.A:-G. for Respondents. Date of hearing: 25th October, 2005. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- This appeal by leave of the Court has been directed against the judgment dated 4-11-2002 passed by Service Tribunal whereby the appeal tiled by the appellant for the grievance of having not considered for promotion as per his entitlement, was dismissed. Leave was granted in this appeal vide order dated 20-2-2003 as under:- "Leave is granted to inter alia consider that in the absence of injunctions qua the petitioner, the Department; Promotion Committee was justified in not considering his case for the sought for promotion when the vacancy was already in existence." 2. The appellant, having superannuated, retired from service on 2-6-1999 whereas he was due for promotion much before his retirement A but was not considered for promotion on the ground/reason that a restrained order was passed by the Tribunal in another appeal. 3. The learned counsel for the appellant has…

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