Pakistan Case Law
2009 PLC (C.S.) 229

Mrs. NASEEM M. QADRI vs FEDERATION OF PAKISTAN and another

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Citation2009 PLC (C.S.) 229
CourtSindh High Court
Case No.C.P. No,D-1388 of 2007
Date2008-08-12
Judge(s)Azizullah M. Memon, C.J. and Khalid Ali Z. Qazi
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This constitutional petition was filed by a retired Principal Scientific Officer seeking directions for the respondents to convene a Departmental Promotion Committee (DPC) and consider her case for promotion to a higher post from the date it fell vacant, with all consequential financial benefits. The petitioner had previously been considered for promotion, but the process could not be finalized due to a restraint order issued by the Lahore High Court in a connected matter, prior to her retirement upon attaining superannuation. The Sindh High Court examined whether an employee can be denied accrued service benefits due to retirement when the delay was caused by external factors such as judicial restraint orders. The Court held that if service benefits have actually accrued to an employee but could not be awarded due to intervening circumstances, the department must consider the case for promotion and grant the resulting benefits even after the employee's retirement. The petition was accordingly disposed of with directions to convene the DPC and determine her entitlement.

Questions settled in this judgment
  • Whether an employee can be considered for promotion after retirement if the promotion process was delayed due to a restraint order?
  • Does a retired employee remain entitled to the financial benefits of a promotion if the right to promotion had accrued during service?
  • Is a department obligated to convene a Departmental Promotion Committee for a retired employee whose promotion was stalled by external legal proceedings?
departmental promotion committeepromotion after retirementservice benefitsconstitutional petitionaccrued rights

ORDER

1. ' Heard learned counsel for the parties.

2. ' Learned D.A.-G. States at the Bar that comments filed by respondent No,2 are adopted for respondent No,1 also.

3. ' The petitioner was serving against the post of Principal Scientific Officer and she asserts that a higher post fell vacant which was to be filled in by means of convening of the concerned Departmental Promotion Committee, and further that she was also considered for promotion to such higher post but for the reason that in the connected matter learned Lahore High Court issued restraint order not to carry in further proceedings with regard thereto; hence the right of promotion to the higher post in favour of the petitioner could not be finalized and in the meanwhile she had retired from service on attaining the age of ,superannuation on 9-W 2006.

4. ' As such, the petitioner has prayed for direction to the respondents to have the D.P.C. Convened and to consider her case for promotion to the higher post with effect from the date the post fell vacant and in accordance with her rights which accrued to her (to be promoted to the same).

5. ' It has come on the record of this petition that at one stage of the service career of the petitioner her case was considered as to whether she was to be promoted to the higher post or not and further that such efforts could not finally materialize for the reason that learned Lahore High Court issued restraint order in some connected matter.

6. It is a settled principal of law that if service benefits have actually accrued to an employee but for one reason or the other such benefits could not be awarded to such an employee, then, irrespective of the fact of his/her having retired from service, the department concerned shall still have to further consider her case for such a promotion and to allow him/her benefits of such a promotion, even after retirement from service.

7. ' As such, the respondents are hereby directed to convene the 'proceedings of the Departmental Promotion Committee and to consider the case of the petitioner as to her entitlement or otherwise to the higher post by means of the promotion, with effect from the date the post may have fallen vacant; and if she is found entitled to such promotion, the financial benefits of the same shall be awarded to her in full.

8. ' The petition stands disposed of accordingly.

Cited by 8 cases

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