DILA WAR ALI and another vs GENERAL MANAGER PAKISTAN RAILWAYS, LAHORE and 15 others
This constitutional petition was filed before the Lahore High Court by two retired employees seeking retrospective promotion to the posts of STEs based on notifications dated 11-9-1962 and 4-8-1965, claiming entitlement from October 1988. The core legal question was whether a retired civil servant can be granted retrospective promotion from a date prior to their retirement. The Court held, relying on the precedent of the Supreme Court in Muhammad Aslam Sultan v. G.M. Pakistan Railway (2005 P.L.C. (C.S.) 1400), that promotion from a back date is not available to a retired civil servant under the law. Consequently, the petition was dismissed as the relief claimed was not admissible.
- Whether a retired civil servant can be granted retrospective promotion from a date prior to their retirement?
- Is relief for retrospective promotion admissible under the law after an employee has retired from service?
ORDER
' UMAR ATA BANDIAL, J.---Learned counsel for the petitioner submits that notifications dated 11-9- 1962 and 4-8-1965 provided for filling of 20 per cent of the vacancies of STEs by promotion. The petitioners gave in their options for the said posts in October 1988 and alleged to have had entitlement to appointment as STE by promotion with effect from such date. Learned counsel relies on the judgment of a learned Division Bench of this Court dated 8-7-1998 passed in I.C.A. No 183 of 1997.
2. Learned counsel for the respondent, however, informs that both petitioners retired from service on 31-8-1999 and 2-2-2002 respectively and are seeking retrospective promotion from a date prior to their date of retirement. Promotion from back date is not available to a retired civil servant under the law as held by the Hon'bie Supreme Court in case of Muhammad Aslam Sultan v. G.M. Pakistan Railway (2005 P . L. C(CS)1400).
3. In the light of the law declared by the Hon'ble Supreme Court the relief claimed by the petitioners for retrospective promotion after they have retired from service is not admissible under the law and therefore this petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 3 cases
- Mrs. Tanveer Rafique vs Govt. of the Punjab, etc 2021 LHC 4545
- Mrs. Tanveer Rafique vs Government of The Punjab through Secretary 2023 PLC (C.S.) 580
- ANEES AHMED and others vs FEDERATION OF PAKISTAN and others 2015 PLC (C.S.) 129