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Petitioner: GOVERNMENT OF THE PUNJAB VS Respondent: GHULAM SARWAR KHAN
1997 P L C (C
1997 P L C (C. S.) 77
[Supreme Court of Pakistan]
Present: Saad Saood Jan and Muhammad Ilyas, JJ
GOVERNMENT OF THE PUNJAB through Secretary Education and another
versus
Rana GHULAM SARWAR KHAN and 111 others
Civil Petition for Leave to Appeal No. 611‑L of 1995, heard on 20th December, 1995.
(From the judgment/order of Punjab Service Tribunal dated, 19‑2‑1995 in Appeal No. 494 of 1992).
Punjab Civil Servants Act (VIII of 1973)‑‑‑
‑‑‑S. 8‑‑Constitution I of Pakistan (1973), Art. 212(3)‑‑‑Entitlement to BPS‑19‑‑‑Civil servants' claim that vacancies in BPS‑19 being available on specified date they should have been promoted from that date, was rejected by Departmental Authority‑‑‑Service Tribunal, however, directed Government to promote civil servants with effect from specified date‑‑‑Validity‑‑‑Government's claim that no civil servant has right to claim that he should be promoted from back date even though vacancy was available on that date for which promotion was being claimed was although true, yet there were no orders of Government that civil servant's promotion be held up for some time‑‑‑Delay in making promotion had occurred entirely due to reason that officers of that department could not carry out fairly simple exercise within reasonable period‑‑‑Judgment of Service Tribunal directing Government to promote civil servants from specified date would not warrant interference‑‑‑Leave to appeal was refused in circumstances.
Nasim Kashmiri, Addl. A.‑G. Punjab and Rao Muhammad Yousaf Khan, Advocate‑on‑Record for Petitioners.
S. Inayat Hussain, Advocate‑on‑Record for Respondents.
Date of heating: 20th December, 1995.
ORDER
SAAD SAOOD JAN, J.‑‑‑This is a petition for special leave to appeal; from the judgment of the Punjab Service Tribunal whereby it allowed the appeal of the respondents and directed against Government to allow BPS‑18 to them with effect from 1‑9‑1990.
2. There were 12092 posts in the College Teachers Cadre (General). The Provincial Government decided to introduce a 4‑tier structure for the college teachers and with that object it classified the posts in the ratio of 1:15:34:50 into a four‑tiers, namely, BPS‑20, 19, 18 and 17, respectively. The relevant notification was issued on 1‑9‑1990. , Thereafter the functionaries in the Education Department took two years to make the appointments in accordance with the above ratio. This exercise held up the promotions of the respondents to Grade‑19 till 1992. They represented to the Government that as vacancies in BPS‑19 were available on 1‑9‑1990 when the notification in question was issued they should have been promoted from that date. Their representation was rejected by the Government whereupon they filed an appeal before the Service Tribunal. The learned Tribunal accepted their appeal and directed the Government to promote them with effect from 1‑9‑1990. The Government seeks leave to appeal from the judgment of the learned Tribunal.
3. On behalf of the Government it is contended that no civil servant has a right to claim that he should be promoted from a back date even though a vacancy may be existing on the date from which the promotion in being claimed. This is no doubt true but here there are no orders by the Government that the respondents/petitioners should be held up for some time. The delay in making the promotions occurred entirely due to the reason that the officials of the Education Department could not carry out a fairly simple exercise within a reasonable period. In the circumstances it will not be appropriate for this C.Ps. to interfere with the order of Service Tribunal. Leave is refused.
A.A./G‑566/S Leave refused.