Law:

Section: 8(3)&(5)

Law: Constitution of Pakistan, 1973

Section: 212(3)

Punjab Civil Servants Act (VIII of 1974)---S. 8(3) & (5)---Constitution of Pakistan (1973), Art.212(3)---Promotion with retrospective effect---Scope---Vacancies in question fell vacant in year, 2004 and due to departmental inquiries pending against civil servant and adverse remarks and punishments in his service record he was not considered for such vacancies---Validity---In year, 2005 amendment was made in S.8 of Punjab Civil Servants Act, 1974, and no promotion or pro forma promotion could be granted in year, 2007, when the civil servant had already retired from service---Effect---If plea of civil servant was admitted that right of-promotion had accrued to him in year, 2004, it would tantamount to hold that amendment in S.8 of Punjab Civil Servants Act, 1974, was altogether ineffective and promotions, despite such amendments, could be granted in retrospect and such was not the intention of positive, specific and clear legislation---Supreme Court declined to interfere with the passed by Service Tribunal whereby appeal filed by civil servant was dismissed---Leave to appeal was refused. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.---Ch. Faqir Muhammad a former Agriculture Engineer, in the Punjab Agriculture Department seeks leave to appeal from the judgment, dated 24-6-2008, whereby Punjab Service Tribunal, Lahore had dismissed his appeal. 2. Three vacancies for the post of Director (BPS-19) allegedly fell vacant between 1-5-2004 and 9-11-2004. The petitioner made a claim to such appointment but it was deferred due to the reason that some inquiries were pending against him and also that he had some adverse remarks/punishments in service record. He was given censure on 10-2-2007, while he superannuated on 11-2-2007. 3. On 7-2-2007 and 12-2-2007 he made a representation for grant of the aforesaid promotion with retrospective effect. It was denied and appeal thereagainst before the Tribunal also failed. 4. In the year 2005 section 8(3) and (5) of the Punjab Civil Servants Act was amended as follows:--- "8(3) Promotion shall be granted with…

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