A Civil Servant wrongfully terminated and later reinstated has the right to Proforma Promotion if their Junior was Promoted in the Meantime --- Lahore High Court, Lahore
Islamabad 22-03-2025: In a landmark decision, the Punjab Subordinate Judiciary Service Tribunal, Lahore, has granted proforma promotion to a wrongfully terminated civil judge, setting aside the orders that had previously denied him the benefit of seniority. The judgment, delivered in [Service Appeal No. 13 of 2021] (Mazhar Gilani Vs. The Registrar, Lahore High Court & Others), reinforces the principle of fairness in service laws and prevents administrative delays from affecting Civil Servants’ careers.
The Appellant was terminated from service on 16.02.2004 based on adverse Performance Evaluation Reports (PERs). However, his dismissal was declared illegal by the Tribunal in 2014, leading to his reinstatement on 12.11.2014. During his termination period, his junior was promoted as Senior Civil Judge on 21.11.2013, while the appellant was only promoted on 06.12.2019. His request for proforma promotion from 2013 was denied, prompting this appeal.
The Tribunal, chaired by Mr. Justice Muhammad Sajid Mehmood Sethi, ruled that:
- A Civil Servant wrongfully terminated and later reinstated has the right to proforma promotion if their junior was promoted in the meantime.
- Officiating promotions do not preclude proforma promotion if they are made against regular vacancies.
- Administrative inefficiencies should not affect an employee’s entitlement to career progression.
- Appeals should not be dismissed on procedural technicalities if the main appeal was filed within the limitation period.
The Tribunal relied on Supreme Court of Pakistan precedents, including Chairman, State Life Insurance Corporation Vs. Siddiq Akbar (2013 SCMR 752) and Federation of Pakistan Vs. Jahanzeb (2023 PLC (C.S.) 336), to reinforce the principle of equity in service matters.
The Tribunal set aside the impugned orders dated 15.11.2021 & 18.12.2021, directing the Lahore High Court Registrar to reconsider the Appellant’s proforma promotion from 21.11.2013.
