Full Judgment Text & Judicial Ruling

2005 P L C (C

2005 P L C (C.S.) 1400

[Supreme Court of Pakistan]

Present: Iftikhar Muhammad Chaudhry, Faqir Muhammad Khokhar and M. Javed Buttar, JJ

MUHAMMAD ASLAM SULTAN

Versus

FEDERATION OF PAKISTAN through General Manager, Pakistan Railways, HQRs., Lahore and another

Civil Petition No.2776-L of 2001, decided on 21st December, 2004.

(On appeal from the judgment dated 1-6-2001 of the Federal Service Tribunal, passed in Appeal No. 1077(L) of 1998).

Civil service---

Promotion after retirement, claim for---Validity---Promotion to a retired civil servant from back date could not be granted.

Government of Pakistan through Establishment Division Islamabad and 7 others v. Hameed Akhtar Niazi 2003 PLC (C.S.) 212 fol.

S.M. Idrees, Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record for Petitioner.

Nemo for Respondents.

Date of hearing: 21st December, 2004.

JUDGMENT

IFTIKHAR MUHAMMAD CHAUDHRY, J.-----This petition for leave to appeal has been filed against judgment dated 1-6-2001 of the Federal Service Tribunal, Lahore whereby appeal filed by the petitioner has been dismissed. Operative para. of the impugned judgment is reproduced hereinbelow:--

"The appellant had retired on 28-4-1987 and he made representation on 25-11-1986 for promotion. He is basing his claim on the decision of learned National Industrial Relations Commission, dated 22-10-1987 in the case of Muhammad Ashraf Khan, Traveling Ticket Examiner. The claim of the appellant is not supported by any rule or his seniority position. The relief was refused to the appellant through well-reasoned order, dated 13-2-1990 because the posts of Traveling Ticket Examiners (Accounts) were abolished by the competent Authority, therefore, the question of promotion does not arise at all. Moreover, there are many punishments in the service record of the appellant, which also disentitled him for promotion."

2. Learned counsel for the petitioner contended that some of the colleagues of the petitioner have been promoted against the post of Travel Ticket Examiner, therefore, he was also entitled for the same relief.

3. In our opinion, this question needs no examination for the reason that the petitioner had retired from service on 28-4-1987 and this Court in the case of Government of Pakistan through Establishment Division Islamabad and 7 others v. Hameed Akhtar Niazi 2003 PLC (C.S.) 212 has held that promotion from back date to a retired civil servant cannot be granted.

4. Thus, petitioner is debarred to claim the relief of promotion after his retirement in view of the peculiar facts and circumstances of the case. Petition is dismissed and leave declined.

S.A.K./M-242/S Leave refused.

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