SHAMSHER ALI KHAN Versus GOVERNMENT OF THE PUNJAB

1. MANZOOR HUSSAIN SIAL, J. ‑‑‑This appeal by leave of this Court, calls in question, the validity of order dated 22‑4‑1992, of the Punjab Service Tribunal, Lahore, whereby respondent's appeal was accepted and he was declared entitled to, out of turn promotion, to the next higher post/grade, with effect from 29‑12‑1990, and a direction to that effect, was issued to the appellant to carry out the order accordingly.

2. The relevant facts, giving rise to this appeal are, that in year 1987, Raja Muhammad lqbal, respondent, herein was posted as Assistant Commissioner, Sargodha. During that period "Jinnah Abadis Scheme" was introduced by the Provincial Government, and the then Chief Minister was keen to implement the Scheme on top priority basis. The respondent maintains that he worked with missionary zeal to implement the scheme. He worked day and night and succeeded in allotment/distribution of 24,000 plots out of 30,000 allocated to the whole District Sargodha.

3. The Commissioner, Sargodha Division, appreciated his devotion to duty and in recognition of his excellent work recommended on 27‑8‑1987, to the Senior Member, Board of Revenue for his accelerated promotion in the next grade. The relevant extract thereof is reproduced hereunder:‑

4. "Raja Muhammad lqbal, was posted as Assistant Commissioner, Sargodha, on 5th February, 1987. After his posting he worked with devotion and missionary zeal to implement the abovementioned scheme of the Government of Punjab in the follow up of the Government Policy conveyed through D.O. Letter No.2314‑86/464‑II I, dated October 6, 1986, from your office, the keen desire of the Chief Minister to implement the above‑named Scheme on war footing was conveyed. Consequently a target of 50,000 plots for the Division was allocated with 30,000 plots given to Sargodha District. It was also conveyed to the Commissioner that any distribution over and above the target would be commendable performance of concerned officers.

5. In this very connection, Assistant Commissioner, Sargodha, has done stupendous task by managing to distribution and implementation of 24,000 plots in Sargodha Sub‑Division alone, out of the entire target of 30,000 plots of Sargodha District and 50,000 for the entire Division. This achievement was possible only through continuous touring and full scale efforts though there we're impediments such as selection of `Abadi Site' particularly where sharp differences existed between the member of Allotment Committee.

6. According to the copy of the progress report available from Toba Tek Singh District the total No, of '7 marlas plots given out in Toba Tek Singh, District of Faisalabad Division has been worked out to 39,024 whereas 33,038 plots have been distributed in Sargodha District alone. The individual target of 24,396 plots achieved by Assistant Commissioner, Sargodha, thus counts the highest for a Sub‑Division in the Province. The claim is supported by the record available. It would also be pertinent to mention that even the mutations in favour of Jinnah Abadis have been attested. The Officer has accomplished this difficult and time limit work as a conscientious and dutiful officer. In view of the above highly appreciated performance and also in pursuance of the pronouncement of the Chief Minister Punjab appearing in the Pakistan Times, Lahore, dated June 11, 1987, that the Government would encourage conscientious and dutiful officials by giving them rewards and rapid promotions, I would strongly' recommended that this officer may please be considered for such rewards preferably rapid promotion as the Government may like to give to such officers. This would certainly encourage conscientious officers for future gear‑up."

7. The Senior Member, Board of Revenue also highly appreciated his performance and recommended his case to the Government relevant to the extent is as follows:‑‑

8. "Raja Muhammad Iqbal, Assistant Commissioner, Sargodha has requested for out of turn promotion under the recently promulgated section 8‑A of Punjab Civil Servants Act, 1974. The officer has based request on his past and present good performance of duties as under:‑

(1) As Secretary, R.T.A., he resolved the difficult problems of transport between Rawalpindi and Islamabad. Commissioner, Rawalpindi recommended him for accelerated promotion on 16th March, 1980 President of Pakistan was also pleased to appreciate his efforts.

(2) His work in connection with provision of the transport during the extraordinary session of Islamic Foreign Dignitaries Conference from 26th to 27th January, 1980, at Islamabad was formaly appreciated b3 the Cabinet Division.

3. Recently Commissioner, Sargodha Division, has recommended him for rapid promotion because of outstanding achievement of allotting 24,000 plots in Sargodha Sub‑Division out of total target of 30,000 plots in Sargodha District."

9. Ultimately, the respondent's case was placed before the Provincial Selection Board, but was turned down. The respondent challenged that decision of the Selection Board in appeal, before the Punjab Service Tribunal, which was allowed and the case was remitted to the Chief Secretary, for reconsideration. The matter again came up before the Provincial Selection Board, and accelerated promotion to the respondent was refused holding that he had never in the tenure of his service earned any ACR/recommending him for accelerated promotion as also there were many other officers having better service record than the respondent, who had not been given accelerated promotions.

10. Feeling aggrieved by the decision of the Provincial Selection Board, he filed appeal to .the Punjab Service Tribunal. The Tribunal after hearing the parties accepted the respondent's appeal holding him entitled to the grant of "out of turn promotion" with effect from 29‑12‑1990.

11. Leave was granted on 4‑4‑1993, to consider, if the Punjab Service Tribunal was competent to give a direction to the Provincial Government to grant "out of turn promotion" to the next higher post/grade from the specific date.

12. Learned counsel for the appellant contended that the respondent did not qualify for "out of turn promotion" and the Service Tribunal had no jurisdiction to direct the Provincial Government to promote respondent from a particular date. It was also contended that there are several other officers having better service record than the respondent, and he cannot bypass them by gaining "out of turn promotion".

13. Learned counsel for the contesting respondent on the other hand, submitted that the Provincial Selection Board did not consider the case of the respondent, under section 8‑A of the Punjab Civil Servants Act, 1974, read with rule 14‑A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. It was argued that the requirements of the newly‑added section 8‑A were .not kept in view, by the Provincial Selection Board and his case was dealt with in routine as if it was a case of promotion from a functional unit. It was submitted that the Selection Board was misdirected in dealing with the case of the respondent.

14. We have considered the arguments advanced by learned counsel for the parties and have gone through the relevant provisions of law.

15. For facility of reference, section 8‑A of the Punjab Civil Servants Act, 1974, as amended by Punjab Act VI of 1987, is reproduced hereunder:‑‑

16. "8‑A. Out of turn pormotion etc. ‑‑‑Notwithstanding anything contained in this Act or any other law for the time being in force or in any contract, or rights claimed or acquired under any judgment of any Court or Tribunal, a civil servant who provably exhibits exemplary intellectual, moral and financial integrity and high standard of honesty and gives extraordinary performance in the discharge of his duties, may be granted out of turn promotion or award or reward in such manner as may be prescribed."

17. It is clear that for the grant of "out of turn promotion" the incumbent must have exhibited in the performance of his duties the following two factors for the consideration of the competent authority:‑

(i) The candidate exhibits exemplary intellectual, moral and financial integrity and high standard of honesty.

(ii) Gives extraordinary performance in discharge of his duties:

18. The relevant law does not envisage that the candidate must have at his credit, at least four Annual Confidential Reports recommending him for accelerated promotion, or that when his case was to be considered for "out of turn promotion" the service record of other officers aught to have been consulted. It goes without saying, that "out of turn promotion" is to be granted to a particular individual on the basis of his extraordinary and outstanding performance of his duty and exhibiting high standard of intellectual, moral and financial integrity. This criterion alone was to be kept in view, while considering the "out of turn promotion" case of the respondent. It is a special provision and has to be given effect to in accordance with its own terms. Reference to the normal procedure is somewhat irrelevant as extraordinary performance in a special situation is sought to be acknowledged by this special provision of law. It appears that the "Provincial Selection Board" did not advert to this aspect of the case which has resulted in miscarriage of justice.

19. We have considered the declaration given and the direction made, by the Service Tribunal, in the impugned order and are of the view, that the same is not within the scope of the jurisdiction/vested in the Tribunal. No specific direction for "out of turn promotion" to the respondent, could have been issued much less from a specific date.

20. In the result, we accept this appeal and set aside the impugned order, passed by the Punjab Service Tribunal and remit the case to The Provincial Selection Board for fresh decision in accordance with law and the observations made above.

21. M.BA./G‑399/S Order accordingly.