1996 PLP 1945 (SCMR)
LAHORE and 3 others‑‑‑Petitioners Versus Raja MUMTAZ AHMED, SUPERINTENDENT OF POLICE,
| Citation | 1996 PLP 1945 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Fazal Ilahi Khan and Irshad Hasan Khan, JJ |
| Parties | LAHORE and 3 others‑‑‑Petitioners Versus Raja MUMTAZ AHMED, SUPERINTENDENT OF POLICE, |
| Primary Law | Punjab Civil Servants Act (VIB of 1974)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 PLP 1945 (SCMR)?
This judgment primarily cites: Punjab Civil Servants Act (VIB of 1974)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 1945 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Fazal Ilahi Khan and Irshad Hasan Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 1945 (SCMR) (LAHORE and 3 others‑‑‑Petitioners Versus Raja MUMTAZ AHMED, SUPERINTENDENT OF POLICE,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Irfan Qadir, Additional Advocate‑General, Punjab and Rao Muhammad Yusuf Khan, Advocate‑on‑Record for Petitioners.
- K.M.A. Samdani, Advocate Supreme Court, Saleem Sahgal, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Respondents.
- Date of hearing: 18th December, 1994
- Irfan Qadir, Additional Advocate-General, Punjab and Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioners.
- K.M.A. Samdani, Advocate Supreme Court, Saleem Sahgal, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Respondents.
Headnotes / Summary
(On appeal from the judgment dated 29‑12‑1993 of the Punjab Service Tribunal, Lahore, in Appeal No.287 of 1993). ‑‑‑‑S. 8‑A‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Promotion‑‑‑Out of turn promotion‑‑‑Entitlement‑‑‑Civil servant having joined service on 11‑1‑1959, was promoted as Deputy Superintendent of Police‑‑‑Civil servant on account of his meritorious services was confirmed as Deputy Superintendent of Police and then transferred and posted as Superintendent of Police‑‑‑Civil servant filed departmental appeal for consideration of his case for out‑of‑turn promotion in the ‑ light of his meritorious services which remained un-responded‑‑‑Service Tribunal, however, found civil servant entitled to get out of turn promotion to the rank of Superintendent of Policeman effect from back date‑‑‑Validity‑‑‑Civil servant having , outstanding meritorious service legitimately claimed his promotion from back date‑‑‑Service Tribunal had rightly rejected Government's contention that out of turn promotion was not allowed from specified date on account of decision of Government‑‑‑Such promotion could legitimately be allowed in terms of S. 8‑A, Punjab Civil Servants Act, 1974‑‑‑Leave to appeal was refused in circumstances. 1992 PLC 1029 rel.
Judgment & Decree
FAZAL ILAHI KHAN, J.
This is a petition for leave to appeal against the judgment dated 29-12-1993 passed by Punjab Service Tribunal, Lahore, in Appeal No.287 of 1993.
2. We have heard the learned counsel for the petitioners and that of caveator and also perused the record.
3. Raja Mumtaz Ahmed, respondent, was appointed as Assistant Sub Inspector in Police Department on 11-1-1959 and ultimately promoted as Deputy Superintendent of Police on officiating basis on 1-10-1993. He was transferred and posted as Assistant Director, F.I.A., Islamabad with effect from 1-1-1984. While on duty he carried out a raid on a Foreign Exchange Racketeer which involved confiscation of foreign exchange amounting to Rs.20 lacs. At the recommendation of Mr. Ghulam Ishaq Khan, the then Chairman Senate, through his D.O. letter dated 24-11-1985 addressed to the Governor of Punjab, that the _If1 wanted to be confirmed as D.S.P. The Government by order dated 16-2-1986 confirmed the respondent as D.S.P. in pursuance of the D.O., letter referred to above. He was then transferred and posted as S.P., CIA in his pay and scale vide notification dated 31-7-1990 and he performed his duty as such till 22-7-1993.
4. Respondent filed a departmental appeal for consideration of his case for out of turn promotion as Superintendent of Police with effect from 31-7-1984 in the light of his services referred to above, and then filed an appeal before Punjab Service Tribunal. The Tribunal allowed his prayer and held him entitled to get out of turn promotion to the rank of Superintendent of Police with effect from 31-7-1984.
5. It is not denied that the respondent was granted out of turn promotion because of his act distinguished and outstanding performance relating to busting of racket dealing in foreign exchange. He therefore, legitimately claimed his promotion with effect from back date when he was recommended through the D.O. letter referred to above. The Tribunal has taken into consideration the fact that in cases of officers mentioned in the memo of appeal and Appeal A No.118/92 and one reported in 1992 PLC 1029 decided by the Tribunal, out of turn promotions were given to the officers from the respective date of gallantry. The Tribunal has in those cases repelled the same contention as are raised before us. Contention of the learned counsel that per decision of the Government dated 13-8-1990 out of turn promotion is not allowed has got no force in view of section 8-A of the Punjab Civil Servants Act, 1974 which provides for such promotions.
6. For the reasons stated above we find no infirmity in the judgment of learned Tribunal; hence, refuse to grant leave to appeal. A.A./C-154/S Leave refused.