Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-------S. 5---Punjab Service Tribunals Act (IX of 1974), S.4---Pro forma promotion---Appeal, competency of---Appeal was resisted on the pled that appellant was required to file departmental appeal before the next higher Authority against the decision of, the Secretary Health, but he having failed to file appeal before the next higher Authority, his appeal before the Service Tribunal was premature---Even though, appellant had submitted the representation/departmental appeal before the Secretary Health instead of the next higher departmental Authority, it should have been forwarded by him to the next higher departmental Authority in accordance with law but that having not been done, appellant could not be made to suffer for the same---Even if it be assumed that any litigation was pending before different courts of law due to which case of promotion of Senior Medical Officers against the available vacancies of Additional Principal Medical Officer (BS-19), could not be taken up, even then eligible senior Medical Officers should have been promoted against the available vacancies from the date of availability of said vacancies and not from airy later date, because the delay in completing the process of promotions could not be attributed to civil servants concerned---Appellant was eligible to be considered for pro forma promotion as Additional Principal Medical Officer (BS-19) from the date when the vacancy against which he was promoted became available---Appellant had suffered in monetary terms and otherwise for a long time without any act or omission on his part---Appellant could not be made to suffer for any inaction on the part of departmental Authorities---Accepting appeal, impugned orders were set aside with direction that the case of appellant be considered for grant of pro forma promotion from the date when the vacancies of said posts had become available. Government of N.-W.F.P. and others v. Buner Khan and others 1985 SCMR 1158; Government of the Punjab through Secretary Education and another v. Rana Ghulam Sarwar Khan and 111 others 1997 SCMR 515; Manzoor Ahmed v. Senior. Superintendent of Police and 2 others 2002 PLC…

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