14. In The sunshine of your position stated over, it really is concluded that a civil servant has a essential suitable to be promoted even soon after his retirement by awarding proforma advertising; presented, his right of marketing accrued throughout his services but could not be deemed for no fault of his individual and meanwhile he retired on attaining the age of superannuation with none shortcoming on his part about deficiency from the length of company or in the shape of inquiry and departmental motion was so taken from his correct of marketing. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Supply: Order: Downloads 319 Buy Date: 24-JAN-twenty five Authorized for Reporting WhatsApp

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126 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Other folks Sindh Significant Court docket, Karachi It can be well established since the provision for proforma advertising will not be alien or unfamiliar towards the civil servant support composition however it is by now embedded in Elementary Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority could if happy that a civil servant who was entitled to get promoted from a selected date was, for no fault of his individual, wrongfully prevented from rendering service towards the Federation/ province in the higher post, direct that this sort of civil servant shall be compensated the arrears of pay back and allowances of such better submit via proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Browse far more

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In other conditions as talked about supra pensionary Gains can not be stopped on account of criminal fees once the retirement of two yrs; and, is violative of the this article legislation laid down via the Supreme Court in the situation of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the knowledgeable authority on the father or mother Division with the petitioner as well as Main Secretary, Sindh, are liable to release the pensionary volume of the petitioner and shell out the pension quantity and other ancillary Positive aspects on the petitioner to which he is entitled under the regulation inside two months in the date of receipt of this buy. The knowledgeable authority from the respondent can also be directed to recalculate the pensionary great things about the petitioner and boosts accrued thereon the withheld pensionary Gains with influence from stopping to date. Read extra

This Court could interfere the place the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with The principles of organic justice or in violation of statutory procedures prescribing the mode of inquiry or in which the conclusion or discovering arrived at from the disciplinary authority relies on no proof. In case the conclusion or getting is like no fair particular person would've ever attained, the Court docket might interfere With all the conclusion or maybe the getting and mould the reduction to make it appropriate on the points of each and every situation. In assistance jurisprudence, the disciplinary authority is the only real judge of points. The place the charm is presented, the appellate authority has coextensive power to re-enjoy the proof or the nature of punishment. Over the aforesaid proposition, we have been fortified by the decision in the Supreme Court in the situation of Ghulam Murtaza Shaikh v. Main Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 277 Get Day: 24-JAN-twenty five Approved for Reporting WhatsApp

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