Civil servant losing promotion due to delay entitled to proforma promotion, benefits: SC

ISLAMABAD: The Supreme Court declared if a civil servant, despite having fitness, eligibility, and seniority lost his promotion on account of any administrative oversight or delay in DPC or Selection Board meeting then he has a legitimate expectation for proforma promotion with consequential benefits.

A three-judge bench, headed by Justice Muhammad Ali Mazhar, decided that on an appeal against the Sindh High Court (SHC) judgment dated 27.01.2022.

The Court set aside the impugned judgment of the SHC and remanded the matter to the High-Powered Selection Board (HPSB) for considering the case of proforma promotion of the petitioner de novo in accordance with the exactitudes of FR 17 with fair, impartial and meaningful consideration and deliberation of all PERs of the petitioner and render a well-thought-out decision. The entire exercise should be completed within a period of two months from receiving the copy of this judgment.

The judgment noted that the petitioner approached the High Court for his promotion from BPS-21 to BPS-22, and after attaining the age of superannuation, his case has become one of proforma promotion under FR 17.

According to the backdrop of the lis, the petitioner (Ghulam Qadir Thebo), prior to reaching the age of superannuation was serving in BS-21 as Additional IG Police. He was superseded thrice from consideration for promotion without assigning any reason. Though in the second meeting of the HPSB dated 05.10.2017, the petitioner’s name appeared at Sr. No. 07 in the seniority list of BS-21 officer, despite the fact the officers who were junior to the petitioner were promoted. In the third meeting, his name was at Sr. No. 04, yet once again, his case was not considered by the HPSB, and two more officers’ junior to him were promoted. The petitioner submitted departmental representations to the prime minister of Pakistan and secretary Establishment Division; however, no response was received. He the approached the SHC contended that denial of promotion by the HPSB was in utter disregard of his fundamental rights enshrined in Articles 4, 9, 10-A, 18 and 25 of the Constitution 1973.

The judgment observed that the provision for proforma promotion is not alien or unfamiliar to the civil servant service structure but it is already embedded in Fundamental Rule 17 (FR 17), wherein, it is lucidly enumerated that the appointing authority may, if satisfied that a civil servant who was entitled to be promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation in the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his seniority.

It said; “We have often noted that unjustified delay in proforma promotion cases trigger severe hardship and difficulty for the civil servants and also creates multiplicity of litigation.”

It would be in the fitness of things that the competent authority fix a timeline, with strict observance, for the designated committees on proforma promotions in order to ensure rational decisions are made expeditiously and implemented swiftly, rather than dragging all such issues inordinately or without any rhyme or reason.

This ultimately compels retired employees to knock on the doors of courts of law for their withheld legitimate rights, which could otherwise be granted to under the applicable service rules without prolonged litigation or court intervention.

The Court noted that though it is a right of a civil servant that he be considered for promotion, but the promotion itself cannot be claimed as of right. “There is no vested right in promotion or rules determining the eligibility for promotion. However, it cannot be lost sight of that an employee may, under the relevant law/rules, claim to be considered for promotion within the prescribed law, rules, regulations and policies providing criteria for promotion.”

Copyright Business Recorder, 2025