Rule and method for promotion for the said post was seniority -cum-fitness from amongst the Social Security Officers having at least five years service

Citation Name : 2017 PLC(CS) 738 PESHAWAR-HIGH-COURT
Side Appellant : SAEED MUHAMMAD ZAI
Side Opponent : The SECRETARY, GOVERNMENT OF KHYBER PAKHTUNKHWA, LABOUR DEPARTMENT
Employee-petitioner being Social Security Officer---Promotion---Supersession of employee-petitioner due to average grading/ performance---Scope---Fitness---Determination of---Contention of employee-petitioner was that he was eligible for promotion but he had not been promoted---Validity---Respondent had been promoted to the post of Deputy Director (Administration) by superseding the petitioner---Rule and method for promotion for the said post was seniority -cum-fitness from amongst the Social Security Officers having at least five years service---Both the petitioner and respondent were performing their duties as Social Security Officers having five years service at their credit---Employee-petitioner was senior to respondent---Average grading could not be considered as adverse report unless so treated and conveyed to the civil servant---Fitness could not be determined on mathematical formula---Fitness was though an important element in consideration of promotion but it would precede with seniority ---Senior officer should be considered for promotion on priority basis---Nothing was on record as to why junior officer was promoted by superseding the petitioner---Competent authority should give reasons while superseding the employee---Impugned action of the department was not based on sound principles of reasonableness, Openness, justice and fair play which was struck down by High Court---Mater was remitted to the Departmental Selection Board to re-consider the promotion case of the parties afresh and decide the same in accordance with law and rules with speaking order giving reasons---Department was directed to decide the matter within a period of two months---Constitutional petition was disposed of accordingly.

Citation Name : 2017 PLC(CS)N 17 PESHAWAR-HIGH-COURT
Side Appellant : HUMAYUN KHAN
Side Opponent : GOVERNMENT OF KHYBER PAKHTUNKHWA
Appointment of Patwaris---Contention of petitioners was that authorities were intending to make appointments of their favorites and blue-eyed candidates in violation of rules---Validity---Appointment of persons for Patwari posts should be on seniority basis according to list given in register "G" of Land Record Manual and policy formulated by the Government---Any test and interview for the said appointment would be in violation of settled law---Constitutional petition being premature was disposed of accordingly.