MUHAMMAD ASLAM SULTAN vs FEDERATION OF PAKISTAN through General
This petition for leave to appeal challenged a judgment of the Federal Service Tribunal, which had dismissed the petitioner's claim for promotion. The petitioner, who had retired from service on April 28, 1987, sought promotion based on a decision by the National Industrial Relations Commission regarding another employee. The Tribunal had previously rejected the claim, noting that the relevant posts had been abolished and that the petitioner's service record contained multiple punishments, rendering him ineligible for promotion. The core legal question before the Supreme Court was whether a retired civil servant is entitled to claim promotion with retrospective effect. The Supreme Court dismissed the petition, holding that a retired civil servant cannot be granted promotion from a back date. Relying on the principle established in 'Government of Pakistan through Establishment Division Islamabad and 7 others v. Hameed Akhtar Niazi' (2003 PLC (C.S.) 212), the Court affirmed that the petitioner was debarred from claiming such relief after his retirement, thereby declining leave to appeal.
- Can a retired civil servant be granted promotion with retrospective effect?
- Does the abolition of a post preclude a claim for promotion to that position?
' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal has been filed against judgment dated 1-6-2001 of the Federal Service Tribunal, Lahore whereby appeal filed by the petitioner has been dismissed. Operative para. Of the impugned judgment is reproduced hereinbelow:-- "The appellant had retired on 28-4-1987 and he made representation on 25-11-1986 for promotion.
He is basing his claim on the decision of learned National Industrial Relations Commission, dated 22-10-1987 in the case of Muhammad Ashraf Khan, Travelling Ticket Examiner. The claim of the appellant is not supported by any rule or his seniority position. The relief was refused to the appellant through well-reasoned order, dated 13-2-1990 because the posts of Travelling Ticket Examiners (Accounts) were abolished by the competent Authority, therefore, the question of promotion does not arise at all. Moreover, there are many punishments in the service record of the appellant, which also disentitled him for promotion."
2. Learned counsel for the petitioner contended that some of the colleagues of the petitioner have been promoted against the post of Travel Ticket Examiner, therefore, he was also entitled for the same relief.
3. In our opinion, this question needs no examination for the reason that the petitioner had retired from service on 28-4-1987 and this Court in the case of Government of Pakistan through Establishment Division Islamabad and 7 others v. Hameed Akhtar Niazi 2003 PLC (C.S.) 212 has held that promotion from back date to a retired civil servant cannot be granted.
4. Thus, petitioner is debarred to claim the relief of promotion after his retirement in view of the peculiar facts and circumstances of the case. Petition is dismissed and leave declined.
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