3073/2020 Const. P. Muhammad Misbah Tunio (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
3073/2020 Const. P. Muhammad Misbah Tunio (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon Order Date: 12-MAY-25
The Supreme Court in the National Bank of Pakistan case 2024 PLC (CS) 276 ruled that granting pro forma promotion after retirement, especially when the initial supersession was not challenged promptly, lacks legal basis under the relevant service rules. The Supreme Court found the High Court's intervention unsustainable, as the retired employee had already received all due benefits. Consequently, the Supreme Court allowed the appeal, setting aside the High Court's judgment. 11. The petition is dismissed. Following the Supreme Court's decision in the National Bank of Pakistan case, supra, reopening this matter after the petitioner's 2022 retirement is not permissible. Furthermore, the petitioner failed to diligently pursue the case before the deletion of Fundamental Rule 17 in 2021 and did not obtain an order to keep the position vacant while the petition remained pending since 2020. Therefore, this issue is now closed.