Ch. FAQIR MUHAMMAD vs SECRETARY TO GOVERNMENT OF PUNJAB, AGRICULTURE DEPARTMENT, PUNJAB, LAHORE and others

' SARDAR MUHAMMAD RAZA KHAN, J.--- Ch. Faqir Muhammad a former Agriculture Engineer, in the Punjab Agriculture Department seeks leave to appeal from the judgment, dated 24-6-2008, whereby Punjab Service Tribunal, Lahore had dismissed his appeal.

2. Three vacancies for the post of Director (BPS-19) allegedly fell vacant between 1-5-2004 and 9- 11-2004. The petitioner made a claim to such appointment but it was deferred due to the reason that some inquiries were pending against him and also that he had some adverse remarks/punishments in service record. He was given censure on 10-2-2007, while he superannuated on 11-2-2007.

3. On 7-2-2007 and 12-2-2007 he made a representation for grant of the aforesaid promotion with retrospective effect. It was denied and appeal there against before the Tribunal also failed.

4. In the year 2005 section 8(3) and (5) of the Punjab Civil Servants Act was amended as follows:-- - "8(3) Promotion shall be granted with immediate effect and be actualized from the date of assumption of charge of a higher post and shall in no case be granted from the date of availability of post reserved for promotion.

8(5) A retired civil servant shall not be eligible for grant of promotion or pro forma promotion."

5. Even if we agree with the learned counsel for the petitioner that amendment aforementioned would have prospective effect yet the amendment having been made in 2005, any promotion or pro forma promotion could not have been granted in the year 2007, when the petitioner had already retired from service. If we agree with the learned counsel that the right of promotion had, if at all, accrued to the petitioner in the year 2004, it would be tantamount to holding that the amendment aforesaid is altogether ineffective and promotions, despite such amendments, could be granted in retrospect. This could never be the intention of positive, specific and clear legislation.##TE#

6. The learned counsel drew our attention to this Court judgments reported as Federation of Pakistan through Secretary, Ministry of Housing and Works v. Ameer Zaman Shinwari 2008 SCM R 1138 and another rendered in Ch. Manzoor Ahmad v. Special Secretary (Schools) Government of Punjab C.P. No,295/L of 2005 announced on 25-1-2006 (P.42), favouring the stance of the petitioner.

We have examined the judgments thoroughly. The amendment aforesaid was neither argued nor shown to the Court nor discussed. Had it been brought to the notice of the Court, the decision would have been altogether different.

7. For what has been discussed above, there being no force in the B petition, it is hereby dismissed and leave to appeal refused.##TE#