INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and another vs MUHAMMAD ZAMAN
This matter arises from a petition impugning the judgment of the Punjab Service Tribunal, Lahore, which had accepted the respondent's appeal, set aside an order dated 9-2-2009, and granted the respondent proforma promotion from the date his juniors were promoted. The core legal question was whether an employee reinstated into service on compassionate grounds after a prolonged period of willful absence, with the intervening period treated as leave without pay, is entitled to proforma promotion. The Supreme Court converted the petition into an appeal and allowed the same, setting aside the Tribunal's judgment. The Court held that an employee reinstated purely on compassionate grounds following unauthorized absence, where the absence period is regularized as leave without pay, is not entitled to proforma promotion, and that the Service Tribunal erred in granting such relief without cogent reasons.
- Is an employee reinstated into service on compassionate grounds entitled to proforma promotion?
- Does a period of prolonged willful absence treated as leave without pay qualify an employee for seniority and proforma promotion?
- Can the Service Tribunal grant proforma promotion without cogent reasons when reinstatement is based on compassion?
ORDER
' KHILJI ARIF HUSSAIN, J.---The petitioners impugn the judgment of the Service Tribunal whereby, while accepting the appeal of the respondent, the order dated 9-2-2009 was set aside and it was declared that the respondent is entitled for proforma promotion with effect from 9-4-1996 the date from which his juniors were promoted.
2. It is contended by the learned counsel for the petitioners that the respondent remained absent from duty for a period of four months and 15 days; that his first departmental appeal was dismissed and that he filed revision before the Inspector-General of Police, Punjab, which was accepted and the respondent was reinstated into service on compassionate grounds and as such the respondent is not entitled for pro forma promotion. To substantiate his contentions, he relied on the case of Ghulam Rasool and others v. Government of Balochistan and others (PLD 2002 SC 381).
3. We have taken into consideration arguments advanced by the learned counsel for the petitioners and heard the respondent who is present in person.
4. From perusal of the record, it appears that the respondent willfully absented himself from duty for a period of four months and fifteen days and no documentary proof has been placed on record that during this period he was absent due to sickness of his wife.
5. Having considered the matter from all angles in the light of material on file, since the respondent has been reinstated in service on compassionate ground by the Inspector-General of Police, Punjab and the intervening period was treated as leave without pay, the impugned B judgment has been passed by the Tribunal without any cogent reasons, we convert this petition into appeal and allow the same. The impugned judgment dated 13-7-2010 of the Punjab Service Tribunal, Lahore is set aside.