Islamabad:
In an interesting development, the Apex Court has withheld back to the High-Powered Selection Board (HPSB) case of a retired official for him for pro forma promotion “de novo”.
A pro forma promotion is a type of promotion given to an employee without a change in the current post, salary or responsibility, but for the purpose of maintaining parity with a junior or peer that may have been promoted for structural or administrative reasons.
The court has noticed that the promotion should be considered in accordance with the exact accounts of basic Rule 17 (FR 17) – with fair, impartial and meaningful consideration and consideration of all performance reports (Pers) for the petitioner.
“The entire exercise was to be completed within a period of two months from receipt of the copy of this judgment,” said an order issued by a three-member bench led by Justice Muhammad Ali Mazhar.
The petitioner, Ghulam Qadir Thebo, was promoted to BS-21 on April 3, 2013. However, he was replaced three times from consideration to promotion to BS-22 without awarding any reason.
At the second meeting of HPSB, which was convened on October 5, 2017, the secondary name of SR No. 07 appeared in the seniority list for BS-21 officers. However, officers who were a junior of the petitioner were promoted. At the third meeting, his name was No. 04, but once again his case was not considered by HPSB, and two more officers Junior for him were promoted.
The petitioner presented departmental representations to the Prime Minister in Pakistan and Secretary Establishment Division. However, no answer was received. ‘
According to the petition, the denial of promotion from HPSB was in full consideration of his fundamental rights, which are enshrined in Articles 4, 9, 10-A, 18 and 25 of the Constitution.
Later, a constitutional petition in Sindh High Court (SHC) filed in 2018.
Under the addiction of the petition, HPSB considered the case’s case again, and in the comments submitted by the respondents, certain accusations of his performance and integrity were leveled, which were completely out of the dossier.
SHC later rejected its petition on January 27, 2022.
SC noted that the question of eligibility correlates with the Terms of Service, while fitness for promotion is a subjective evaluation based on an objective criterion.
“Although consideration for promotion is a right, the promotion itself cannot be required as a right. There is no right to promote promotion or rules that determine the justification for promotion.
“However, it cannot be lost by an employee under the relevant law/rules claiming to be considered for promotion within the prescribed law, rules, regulations and policies that provide criteria for promotion.”
It said SC has decided that if a person is not considered because of any administrative slip-up, mistake or delay when the right to be considered for promotion is matured and without such consideration when he is a super-identification age, then openly avenue for pro forma promotion to play for his rescue.
“If he lost his promotion due to administrative supervision or delay in the DPC or Selection Council meeting, despite having fitness, eligibility and seniority, he has in all justice a legitimate expectation of pro forma promotion with accompanying.
“The provision for Proborma promotion is not foreign or unknown to the official service structure, but it is already embedded in FR 17.”
