Proforma promotion:

If the promotion of a civil servant is deferred without his fault, he can be given pro-forma promotion irrespective of the fact whether he was holding the relevant post on acting charge basis or not.” [PLD 1991 S.C 1118. 2004 PLC (CS) 914]

Promotion cannot be claimed as a matter of right but it does not mean that principles of seniority should be ignored. Senior most must be considered for promotion which is a legal right of an employee. There is no doubt that seniority alone is not the exclusive determning factor to be considered for promotion and factor of fitness and suitability can not be kept aside NCR 2012 CLT 291

Completion of service record:

Completion of service record of civil servant especially ACR is exclusive function of the department and its failure to maintain the record-Held: Civil servant cannot be punished nor can be ignored on his turn for due promotion to next grade. (PLJ 2009 Tr.C (Services) 138)

Neither person can suffer for an act of public functionary nor a civil servant can be denied promotion on account of fault of the department. [2009 Tr-C-(Services) 138, 1997 SCMR 515, 2006 SCMR 496]

Civil servant can neither he held responsible for his promotion, can be withheld on the ground of non-compliance of record or ACR as it was responsibility of the authority to ensure completion and maintenance of service record update:…… In case of ACRs are not available on record, the competent authority could prepare his case for promotion on basis of earlier and subsequent ACRs and same were found satisfactory or upto the mark, his case could have been placed for consideration but keeping the case of civil servant outside the right is highly unfair on the part of departmental authorities…. Appeal was allowed. [PLJ 2009 Tr.C (Services) 138]

☆ If promotion of civil servant is deferred without any fault on his part, such civil servant can be given promotion from ante date when his juniors were promoted. [2011 SCMR 359, 1997 PLC (CS) 512]

Promotion after retirement:

☆ If service benefits had actually accrued to an employee, but for one reason or the other such benefits could not be awarded to him, then irrespective of the fact whether he had retired from service or not, the department concerned would still have to consider his case for such promotion and to allow him/his benefits of such promotion even after his retirement. [2009 PLC (CS) 229]

Petitioner, notwithstanding his retirement, had to be treated as civil srvant competent to invoke jurisdiction of Service Tribunal. [2006 PLC (CS) 774]

Civil servant not at fault:

☆ Petitoner, admittedly had an unblemished record of service and non-availability of the record needed for promotion, including. Annual

Confidential Reports (ACRs) by the department was not the fault of the petitoner for which he could not he made so suffer. [2014 PLC (CS) 504)

Promotion w.e.f vacancy occured:

Civil servant was inducted into service in BS-17.Subsequently he was promoted to BS-18 on current charge basis, however by that time he was eligible and qualified to be promoted to BS-18 and even vacancies were available. Petitioner for leave to appeal to Supreme Court was converted into appeal and allowed and competent authority was directed to consider civil servant for promotion to PS-18 with effect from the date when the vacancy occured, provided he was qualified to be considered for the same. [2013 PLC (CS) 786 S.C, 2013 SCMR 544]

Civil servant was eligible to be considered for promotion when substantive vacancy in promotion quota was available. [2010 SCMR 1466, 1985 SCMR 1158, 1997 SCMR 515, 2007 SCMR 682]

Jurisdiction:

Promotion For resolution of issues relating to terms and conditions of service, Service Tribunal had the exclusive jurisdiction and the constitutional jurisdiction of High Court not be invoked. [2014 PLC (CS) 244, 2007 SCMR 54]

Question of eligibility relates primarily to the terms and conditions of Services, therefore, the Tribunal has the exclusively jurisdiction toadjudicate upon such matter. [2014 PLC (CS) 244, PLD 1994 SC 539]

It was laid down matter of eligibility of Civil Servants to promotion to hire post pre-imminently falls within the exclusive jurisdiction of Service Tribunal. [2014 PLC (CS) 244, PLD 1997 SC 3511

Determination of elegibility of civil servant is the question on which jurisdiction of Service Tribunal has not been barred. [2007 SCMR 682, 1991 SCMR 1129, 2002 SCMR 574, 2005 PLC (CS) 610]

Legal heirs:

Petitioner’s husband had attained require threshold, but had not been promoted due to the policy known as “best of the best” as well as the criteria of excellance and comparative merit…..”. Best of the best policy” had no basis and was liable to be struck down. Respondants were directed by High Court to consider the case of petitioner’s late husband for promotion. [2014 PLC (CS) 247]

Not vested right:

Civil servant with the right to be considered for promotion if same was eligible on account of possessing the prescribed minimum qualifications etc, however, civil servant had not vested right to be pomoted. (2012 SCMR 971]

Retirement and Promotion:

Petitioner had already retired and his promotion would not affect the senority of any person already in service and he would be entitled to his emoluments and pensionary benefits. [2016 PLC (CS) 693]

Pendency of Inquiry:

Pendency of enquiry and even minor penalty could not come in the way of promotion…. Department was directed by High Court to place the matter before the departmental promotion committee within two months Departmental promotion committee should consider the employees case fairly, justly and in accordance with law, rules and regulations(2016 PLC (CS) 1019, 2003 PLC (CS) 1496, 2008 PLC (CS) 1019, 2009 PLC (CS) 40]

Withholding promotion on the ground of inquiry, illegal and arbitrary. [2003 PLC (CS) 1496]

Retired civil servant:

Retired civil servant is entitled for pro-forma promotion afterpetitioner had already attained the age of superannuation. 2016 SCMR8711

Proforma Promotion:

Civil servant promoted belatedly for no fault on his part…… when promotion of such civil servant to next higher grade was effected then his promotion and seniority was to be counted and reckoned with his contemporary junior officers who were promoted earlier to him. [2016 SCMR 1784]

Retirement or death after recommendation for promotion:

Where a civil servant who was in fact recommended for promotion to next higher post by the Provincial Selection Board or the Departmental Promotion Committee as the case may be but before issuance of his notification for promotion, such civil servant either passed away or retired, in such eventuality pre-condition to assume charge. [2016 SCMR 1784]

Jurisdiction:

Pre-regusite to be considered for promotion was the elegibility of the official and once he crossed such barrier and was considered for promotion, only then the question of fitness would arise…… case of petitioner fell within the ambit of determination of elegibility, which for all intents and purposes, was part of terms and conditions of service of a civil servant Constitutional petition not maintainable. [2016 PLC (CS) 87, 2013 PLC (CS) 542, 2011 SCMR 265, 2007 SCMR 682, PLD 1994 SC 539, 1991 SCMR 1129]

Proforma Promotion:

Supreme Court held that Service Tribunal had rightly given directions to consider respondant for antedated promotion of Naib Tehsildar with effect from the date when the vacancy of Naib Tehsildar had been reserved for his senior colleague: [2017 PLC (CS) 1292 (SC)] Withholding of promotion on the ground of minor penalty:

Civil servant otherwise qualified for promotion, his promotion could not be withheld on the ground only that minor penalty was imposed upon him. [2008 PLC (CS) 353, 2003 PLC (CS) 1425, 1995 PLC (CS) 734, 1993 PLC (CS) 1603, 1992 PLC (CS) 345]

Promotion on officiating basis:

Promotion on officialting basis is a promotion. [2010 SCMR 1459Constitutional petition is maintainable against determination of “fitness”. [2012 PLC (CS) 1355)

Pending Inquiry – not disqualification:

“As for as the pending inquiry befor NAB is concerned, it is trite law that pendency of an inquiry is not disqulification.” [2017 PLC (CS) 1137]

Eligibility and Fitness:

Promotion – No selection post – though eligibility for promotion of a civil servant can be subjected to judicial scrutiny by the Service Tribunal as it relates to terms and conditions of a civil servant yet, the question of fitness of a civil servant for promotion is barred from its jurisdiction. [PLJ 2009 SC 10, PLD 1994 SC 539, 2007 SCMR 682, 1972 SCMR 323, 1991 SCMR 1129, 1996 SCMR 324] Promotion may be a question falling within the exclusive domain of the Service Tribunal. The question of suitability and fitness for promotion to a post was expressly excluded from the jurisdiction of tribunal and under the domain of High Court. [PLJ 2007 SC 602] Promotion in case of selection posts i.e. BPS-19 and above is to be made on basis of “fitness cum seniority” meaning thereby that in the earlier case is BPS-18 and below, seniority would be considered first and the fitness of the employee would be adjudged later, whereas, coutrary thereto, in the case of selection posts ie BPS-19 and above, fitness of an employee would be adjudged first and his seniority would be considered later, for instance, if two equally fit employees are selected by the Board then senior amongst them would be given preference. [PLJ 2009 SC 10] Authorities had promoted 71 senior teachers / Headmasters and Headmistresses against the post in question in accordance with recruitment rules……Authorities thereafter had sent requisition of 29 vacancies of Principles / Headmasters / Headmistresses / Senior Teachers and Instructors (BS-18) to Public Service Commission for initial Appointment. Petitioners employees had no locus standi to seek promotion against the posts in questions as vacancies/posts meant for promotion quota had already been exhausted. [2019 PLC (CS) 114