Case Details

Citation(s)
2009 SLG 1609 2009 SLD 1609 2009 SCMR 312
Supreme Court of Pakistan
Civil Petition No.1143-L of 2007, decision dated: 30-09-2008
TASSADUQ HUSSAIN, JILLANI AND SYED SAKHI HUSSAIN BOKHARI, JJ

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MUHAMMAD SAFDAR RANA

VS

CHIEF SECRETARY, GOVERNMENT OF PUNJAB and others

Law:

Section: 8

Law: Constitution of Pakistan, 1973

Section: 212(3)

Punjab Civil Servants Act (VIII of 1974)---S. 8---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Art.212(3)---Promotion---Service Tribunal had decided appeal brought by the petitioner after appraisal of entire material available on record and it was a well reasoned ---As per seniority list, case of petitioner was not a fit case for his promotion---Petitioner had since retired---No substantial question of law of public importance was involved in the petition---Impugned was just and proper and no illegality or infirmity was found in said so as to warrant interference by the Supreme Court---Petition lacking in merits was dismissed and leave refused. JUDGMENT SYED SAKHI HUSSAIN BOKHARI, J.---Muhammad Safdar Rana has filed this petition for leave to appeal against the judgment, dated 23-5-2007 whereby Appeal No.101 of 2007 brought by him was dismissed by Punjab Service Tribunal, Lahore. 2. Relevant facts for the disposal of this petition are that petitioner joined the Education Department as S.S.T. on 8-9-1955 and was thereafter promoted as Headmaster and further promoted as Principal. He filed representation before competent Authority on 3-2-1994 for his ante-dated promotion (to BS-19 and then to BS-20 w.e.f. 12-12.1990) instead of 2-2-1994 but the same was not decided, therefore, he was constrained to file Appeal No.710 of 1994 before Punjab Service Tribunal. His appeal was allowed on 13-12-1997 but the judgment was not finally implemented. The petitioner filed writ petition for its implementation but during pendency of the same, Department prepared working papers of the petitioner for his ante-dated promotion for grant of promotion to BS-19 from 12-12-1990 hence writ petition was disposed of on 16-5-2006 and direction was issued to respondent to consider the claim of the petitioner in accordance with law within a period of two months. However, on 5-8-2006 competent authority declined to implement judgment, dated 13-12-1997 passed by Punjab Service Tribunal. The petitioner filed appeal thereagainst which was dismissed vide judgment, dated 23-5-2007 passed by Punjab Service Tribunal. Hence this petition for leave to appeal. 3. We…
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