GOVERNMENT OF THE PUNJAB through Chief Secretary, Lahore and another
This is an appeal with leave of the Supreme Court of Pakistan against a judgment of the Lahore High Court which allowed a writ petition and declared the respondent promoted to BS-19 on a regular basis and entitled to move-over to BS-20, directing the issuance of a formal notification. The core legal question was whether the High Court was competent to upgrade any appointment without Provincial Government approval when financial complications were involved. The Supreme Court observed that the respondent had already retired from service and that the High Court had subsequently been conferred with the power to create or upgrade appointments in 1995. Holding that it was not a fit case to examine the vires of the High Court's order under the circumstances, the Supreme Court dismissed the appeal and recalled the leave granting order.
- Whether the High Court is competent to upgrade an appointment without the approval of the Provincial Government when financial complications are involved?
- Whether the Supreme Court will examine the vires of an impugned High Court order regarding promotion when the respondent has already retired and subsequent legal developments have occurred?
AJMAL MIAN, C.J.---This is an appeal with the leave of this Court against the judgment dated 17- 6-1992 passed by a Division Bench of Lahore High Court in Writ Petition No, 1925 of 1991 filed by the respondent, allowing the same by declaring that "the petitioner stands promoted to BS-19 on regular basis with effect from 1-12-1986 and entitled to move-over to BS-20 with effect from 1-12- 1987 and the respondents are hereby directed to issue formal notification forthwith and grant him all the benefits flowing there com".
2. Leave to appeal was granted to consider whether the High Court was competent to upgrade any appointment without the approval of the Provincial Government particularly when the upgradation involved financial complication.
3. Mr.. M. Zaman Bhatti, learned Advocate Supreme Court appearing in support of the appellant has vehemently contended that the impugned judgment is not in accordance with law, and therefore, it should be set aside. However, we have noticed that the respondent had already been retired from service with effect from 5th April, 1991 and the High Court had how been conferred with the power to create/upgrade any appointment by means of itself since 1995.
4. Since the respondent has already stood retired and as the High Court has acquired the necessary powers to upgrade the post though in 1995, in our view it is not a fit case where we should examine the vires of the above order of the High Court. The appeal is accordingly dismissed and leave granting order is recalled.