Civil servant entitled to promotion from date of available vacancy: SC

ISLAMABAD: The Supreme Court declared that a civil servant’s promotion must be considered from the date a vacancy in their quota becomes available, provided they are otherwise eligible at that time. The competent authorities must apply their mind judiciously and cannot delay promotion on administrative pretexts once a substantive vacancy arises.

A two-judge bench comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi decided the matter against the Federal Service Tribunal, Islamabad judgment dated 31.03.2022. Asad Hussain’s (petitioner) was serving as an assistant private secretary (BS-16) in the office of the Accountant General, Khyber Pakhtunkhwa.

During his service, he was assigned the current charge of the post of private secretary (BS-17). Despite being eligible, the petitioner was not promoted in the Departmental Promotion Committee (DPC) meetings held on 27.09.2016, 03.08.2017, and 10.04.2018. However, the DPC promoted him on 03.10.2018 via notification dated 04.05.2018.

The petitioner contended that he ought to have been promoted with effect from 06.08.2015 when the post of private secretary (BS-17) initially fell vacant. The said departmental appeal was dismissed vide order dated 10.07.2018.

Thereafter, he preferred a service appeal before the Federal Service Tribunal, Islamabad which was dismissed vide judgment dated 31.03.2023. He then approached the apex court. The judgment, authored by Justice Mansoor noted that the post of Private Secretary (BS-17) fell vacant on 06.08.2015. The petitioner being the senior-most eligible officer at that time was entitled to be considered for promotion with effect from that date.

The bench held that the petitioner’s promotion to the post of private secretary (BS-17) was unjustifiably withheld in 2016 due to reasons entirely attributable to internal administrative mismanagement. It ordered that the original promotion order issued vide notification dated 04.05.2018 is, therefore, liable to be modified. The judgment said that the delay caused by the department in convening the DPC or in processing the petitioner’s case due to procedural irregularities such as issues with the author of his PERs cannot be used to defeat his rightful claim.

Copyright Business Recorder, 2025