All Retired Civil Servants are eligible for Proforma Promotion who were Unfairly Denied Timely Promotion due to Administrative Delays --- Supreme Court of Pakistan
Islamabad 26-02-2025: The Supreme Court of Pakistan has set aside the Punjab Service Tribunal’s judgment in [Civil Appeal No. 2013 of 2022], citing a critical legal misinterpretation stemming from reliance on a wrongly published version of Section 8 (5) of the Punjab Civil Servants Act, 1974. The Court has remanded the case for reconsideration, directing that official Gazette Notifications be referenced instead of erroneous law books.
The appeal challenged the Punjab Service Tribunal’s 2019 ruling in [Appeal No. 4548/2018]. The Tribunal had erroneously held that a retired Civil Servant is ineligible for both promotion and proforma promotion, based on an incorrectly published law text. However, the Supreme Court of Pakistan clarified that retired Civil Servants are eligible for proforma promotion as per the correct legal provisions.
The two-member bench, comprising Mr. Justice Muhammad Ali Mazhar and Mr. Justice Syed Hasan Azhar Rizvi, noted that the Tribunal’s decision was influenced by a wrong version of Section 8 (5) of the Punjab Civil Servants Act, 1974, which had been erroneously reproduced in law textbooks. The Court emphasized that the correctly published Gazette Notification of the Punjab Civil Servants (Amendment) Act, 2005 (Act III of 2005) clearly states:
- “A retired Civil Servant shall not be eligible for grant of promotion; provided that he may be considered for grant of proforma promotion as may be prescribed.”
In its ruling, the Supreme Court of Pakistan referenced Homoeo Dr. Asma Noreen Syed Vs. Government of Punjab (2022 SCMR 1546 = 2022 PLC (C.S) 1390), which had already settled the issue of misinterpretation in a similar case. The Punjab government’s Additional Advocate General had provided the correct Gazette Notification in that case, yet the Tribunal failed to consider this authoritative precedent.
The Supreme Court of Pakistan reiterated that promotion, including proforma promotion, is not a right, citing Section 8 (2) of the Punjab Civil Servants Act, 1974. However, it clarified that proforma promotion serves as a corrective mechanism for Civil Servants who were unfairly denied timely promotion due to administrative delays.
Relying on Fundamental Rule 17 (FR&SR), the Court highlighted that proforma promotion is permissible when an employee’s promotion was delayed through no fault of their own, ensuring that they receive their due financial and seniority benefits.
Citing the legal maxim “Actus curiae neminem gravabit” (No one should suffer due to a Court’s mistake), the Supreme Court of Pakistan emphasized that Courts and tribunals must rectify their errors to prevent injustice. It criticized both the Appellant’s counsel and the District Attorney for failing to cite the correct law before the Tribunal, which led to an erroneous dismissal of the case.
In a significant directive, the Supreme Court of Pakistan ordered the Registrar of the Punjab Service Tribunal to coordinate with the Service & General Administration Department and Advocate General’s Office to ensure that all future cases rely on official Gazette Notifications and the latest amendments.
The case has been remanded for reconsideration by the Punjab Service Tribunal, which must now adjudicate the matter based on the correct legal provisions.
Retired Civil Servants are not eligible for regular promotion but may receive proforma promotion. Tribunals and Courts must refer to the official Gazette, not erroneous law books. Proforma promotion is not an automatic right but a corrective measure for administrative delays. Lawyers and government counsels must ensure they cite correct legal provisions. Previous Supreme Court of Pakistan rulings on the same issue should be considered before granting leave to appeal.
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