Mrs. TANVEER RAFIQUE vs GOVERNMENT OF THE PUNJAB through Secretary S&GAD Monetary benefits — 2023 PLC(CS) 580 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 580 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: Mrs. TANVEER RAFIQUE vs GOVERNMENT OF THE PUNJAB through Secretary S&GAD Monetary benefits
Subject matter: Civil

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

Mrs. TANVEER RAFIQUE VS GOVERNMENT OF THE PUNJAB through Secretary S&GAD Monetary benefits---Implementation of judgment of the Supreme Court---Scope---Petitioner, a Senior Headmistress, filed applications to the Secretary, School Education Department for the grant of monetary benefits admissible to scales occupied by her counterparts in the General Cadre in view of judgment passed by Supreme Court in "Director, Public Instructions (Schools), Punjab and others v. Mrs. Neelum Amar and others" [1997 SCMR 1445]---Departmental Promotion Committee (DPC) regretted her case because antedated promotion could not be allowed to a retired civil servant---Validity---Case of grant of benefits filed within time on the basis of an unequivocal judgment of the Supreme Court was treated as a case of retrospective antedated promotion---Much before petitioner's retirement, her case had been brought under consideration of the department and it was only on account of the department's failure to muster necessary documents in their own possession that the case of petitioner was unnecessarily delayed and finally wrongly rejected---DPC had incorrectly and erroneously treated the case of the petitioner as that of antedated promotion---Order of the DPC was declared to be of no legal effect and was set aside---Case of the petitioner was sent to the secretary concerned to ensure that judgment passed by Supreme Court was implemented in letter and spirit---Constitutional petition was disposed of accordingly.

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