ANJUM MUMTAZ MALIK, ADDITIONAL DISTRICT AND SESSIONS JUDGE, SAHIWAL vs REGISTRAR, LAHORE HIGH COURT, LAHORE S

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ANJUM MUMTAZ MALIK, ADDITIONAL DISTRICT AND SESSIONS JUDGE, SAHIWAL VS REGISTRAR, LAHORE HIGH COURT, LAHORE S.5---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.13(i)---Judicial Officer---Proforma promotion--Adverse remarks for four months---Promotion of juniors and deferment of appellant---Three consecutive satisfactory PERs before and after adverse remarks---Fulfillment of eligibility criteria---Entitlement for proforma promotion---Scope---Appellant assailed the order passed by respondent (Registrar High Court), whereby his request for grant of proforma promotion as Additional District and Sessions Judge was declined on the ground that since the juniors were promoted on officiating basis, thus, appellant was not entitled for proforma promotion---Validity---Respondents/juniors were promoted against regular vacancies and their posting and transfers were made requiring them to assume charge of their new place of posting without passing any fresh order for their regular promotion and they assumed charge accordingly---Adverse remarks concerning the integrity of an officer could be ignored, provided he earned three consecutive satisfactory PERs, which condition was successfully met by the appellant and thereby he overcame the hurdle---Where a temporary embargo has been placed on a civil servant's right to promotion, or legal restraint has been imposed on his/her claim, the removal of such obstacles entitles the officer to remedy the monetary loss and loss of rank through proforma promotion---It is an inalienable right of every civil servant to be considered for promotion along with his batchmates once he fulfills the eligibility criteria---Principles of promotion ensure fairness in case where administrative inefficiency or procedural delays result in a senior civil servant being bypassed---Adverse ACRs, once resolved or mitigated through subsequent satisfactory reports, lose their impact on the civil servant's promotion eligibility---Officiating promotions cannot permanently preclude civil servants from receiving proforma promotion, if they satisfy all criteria and their juniors have been promoted to substantive posts---Failure to grant proforma promotion in such cases would contravene the principles of fairness and equity---Appeal was allowed, in circumstances.

ANJUM MUMTAZ MALIK, ADDITIONAL DISTRICT AND SESSIONS JUDGE, SAHIWAL vs REGISTRAR, LAHORE HIGH COURT, LAHORE S — 2025 PLC(CS) 348 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL

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