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Promotion as Naib Tehsildar against reserved quota for ministerial staff - Lawyers of Pakistan

Promotion as Naib Tehsildar against reserved quota for ministerial staff

Citation Name : 2017 PLC(CS)N 37 SUPREME-COURT-AZAD-KASHMIR
Side Appellant : SOHAIL NAZIR
Side Opponent : SHAFIQUE SHOQ
S.4---Promotion as Naib Tehsildar against reserved quota for ministerial staff---Scope---Promotion as Naib Tehsildar against reserved quota for ministerial staff was made against which appeal was filed---Service Tribunal set aside the said promotion and directed the authority to submit case of respondent employee with others for consideration by the Selection Committee---Validity---Post of Naib Tehsildar which fell in the quota reserved for ministerial staff could not be filled in on the basis of seniority rather the same had to be filled in by selection on the basis of merit alone---Service Tribunal had not considered the relevant rules while rendering the impugned judgment---Judgment of Service Tribunal being contrary to law, was not justified to decide the case on the strength of seniority ---Competent authority was directed to send the case of respondent employee to the Selection Committee for consideration if he fulfilled the requisite qualification for appointment against the post of Naib Tehsildar---If Selection Committee recommended the respondent employee for appointment then authority should proceed with the matter under the law---Appeal was allowed in circumstances.


Citation Name : 2017 SCMR 969 SUPREME-COURT
Side Appellant : FEDERATION OF PAKISTAN through Secretary, Establishment Division
Side Opponent : Dr. MUHAMMAD ARIF
S. 9---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Rr. 7, 8 & 8-A---Promotion criteria---Award of 15 marks at the disposal of Central Selection Board ("Board") with 5 overriding discretionary marks and placing of civil servants in three different categories for promotion---Recommendations of the Board for deferment/supersession of civil servants---Personal whims and unfettered discretion of Members of the Board---Procedural unfairness and lack of due process---Promotion policy adopted by the Board instead of providing any evaluation structure, left it open for the Board to choose either the service dossier of the officer concerned as a source material for the evaluation of the various essential and crucial attributes of the officer, or just to rely upon the personal knowledge of its members for the said purpose---In relation to the candidate's personality profile it was left exclusively to be evaluated on the basis of the Members' knowledge, without any reference to any record---For an officer to avoid deferment or supersession, it was made essential for a candidate to obtain at least 3 out of the 5 discretionary marks in respect of "integrity/general reputation/perception"---Anomalous situation was created where an officer who may have otherwise, achieved the required threshold on the basis of evaluation of his service record, may still be superseded by the Board on the basis of the opinion harboured or nurtured by a few of its Members, and instead less deserving officer may be recommended, which could result in the degeneration of the civil service, and dissatisfaction and despondency amongst its cadres---Entire promotion process being flawed for want of a well thought out structured objective criteria, and lacking in due process, gave way to arbitrariness, ambiguity and a whimsical approach, inasmuch as the Board drifted from reliance upon the service dossier of the officer, and instead placed reliance on undefined personal opinion, and that too without qualifying it with the necessity of being based on any tangible evidence/material--- Case record showed that some of the petitioners/civil servants achieved the prescribed threshold on the basis of their Performance Evaluation Reports (PERs) and Training Evaluation Reports (TERs), but had been superseded on the basis of knowledge of the Board's Members, but neither any reason was given for ignoring the quantification in the service record, nor the nature and/or source of the so-called knowledge had been disclosed---Such process not only violated the requirement of adequate disclosure, but also offended the principle of fairness, due process and procedural propriety---Even otherwise the Establishment Division had not been able to show any thing adverse against the officers in their respective service dossiers---Case record further showed that in the cases of deferments of certain officers also no plausible explanation or reason had been mentioned---Supreme Court directed that the Establishment Division should place all cases which were laid before the Board through the impugned promotion process, afresh, after withdrawing the overriding effect of five (5) marks assigned for integrity/reputation etc. and removing the deviation of the focus of the Board from the service dossier to the personal knowledge of its Members; that those officers who may have been promoted on the basis of impugned promotion process shall maintain their elevated position/status, however, in the event the officers whose cases for promotion had been deferred or superseded, were through the proposed (new) process recommended for promotion, they shall maintain their seniority vis-a-vis those who were recommended for promotion through the impugned process, and may again be so recommended, so that the seniority of the left out officers and their entitlement to the consequential benefits, including prospects of their future promotion was not adversely affected---Order accordingly.


Citation Name : 2017 SCMR 399 SUPREME-COURT
Side Appellant : EXECUTIVE DISTRICT OFFICER (REVENUE) BAHAWALPUR
Side Opponent : MUHAMMAD ATTIQUE
Para. 242---Naib-tehsildar, appointment of---Respondent who was serving as Kanungo was not considered for promotion as Naib-tehsildar as the Departmental Promotion Committee had already reserved name of one of his senior colleagues for promotion as Naib-tehsildar---Legality---Seat of Naib-tehsildar had been illegally reserved by the Departmental Promotion Committee for a senior colleague of respondent, which clearly showed mala fide and favouritism on the part of the competent authority---Service Tribunal had rightly observed that the only reason for which the respondent could not be considered for promotion was that one of the five available posts of Naib-tehsildar had been reserved for his senior colleague; that said colleague was not recommended for promotion on account of pendency of an inquiry against him and so it was the respondent who could have been considered for promotion being the next in seniority ---Besides senior colleague of respondent was working against an ex-cadre post out of district, as such was not working in his parent department, therefore, he being posted out of the district was ineligible for promotion---Service Tribunal had rightly given directions to consider respondent for antedated promotion of Naib-tehsildar with effect from the date when the vacancy of Naib-tehsildar had been reserved for his senior-colleague---Appeal was dismissed accordingly.

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