Homoeo Dr. ASMA NOREEN SYED vs GOVERNMENT OF THE PUNJAB S — 2022 PLC(CS) 1390 SUPREME-COURT

Case information

Citation: 2022 PLC(CS) 1390 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLC
Parties: Homoeo Dr. ASMA NOREEN SYED vs GOVERNMENT OF THE PUNJAB S
Subject matter: Service
Provisions referred to: S. 8; Punjab Civil Servants Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Homoeo Dr. ASMA NOREEN SYED VS GOVERNMENT OF THE PUNJAB S. 8(5) [as amended by section 3 of the Punjab Civil Servants (Amendment) Act, 2005]---Proforma promotion after retirement---Scope---Judgment of Tribunal based on an incorrectly published provision of a statute---Section 8(5) of the Punjab Civil Servants Act, 1974 [as amended by section 3 of the Punjab Civil Servants (Amendment) Act, 2005] provided that a retired civil servant shall not be eligible for grant of promotion; provided that he/she may be considered for grant of proforma promotion as may be prescribed---Therefore, the appellant, who had since retired, was also entitled to be considered for proforma promotion after retirement---Impugned judgment of the Service Tribunal was based on an incorrect exposition of law as a result of adverting to a wrongly published gazette notification from which for the most part the rider enabling and facilitating the proforma promotion in certain cases was missing which was actually in field even at the time of passing the impugned judgment by the Tribunal---Foremost duty in the dispensation of justice was to apply the correct law---Appeal was allowed and the matter was remanded to the Service Tribunal to decide the appeal afresh in accordance with law.

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