Promotions, service entitlements: State required to act as model employer: SC

ISLAMABAD: The Supreme Court declared that the State is required to act as a model employer, particularly in matters affecting promotions, service entitlements, and employee rights, and cannot justify inaction or delays on the basis of internal inefficiencies.

The judgment, authored by Justice Ayesha A. Malik, reminded the State of the international standards and commitments it has undertaken, emphasizing the need for institutional compliance with principles of effective, fair, and accountable public administration followed globally.

She wrote; “In the Civil Justice factor, which measures the accessibility of civil justice, the effectiveness of its delivery and the absence of unreasonable delay, we rank 129th out of 143 countries.

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Similarly, the Worldwide Governance Indicators (WGI), developed by the World Bank, treat government effectiveness as a core measure of good governance, focusing on the quality of public administration, the competence of the civil service, and the capacity of institutions to implement decisions in a timely and predictable manner, in respect of which Pakistan’s percentile rank stands at 31 out of 100.”

The judgment noted that global standards of public administration indicate how civil service systems are expected to function in accordance with principles of good governance.

It held that promotion processes be conducted in a timely and transparent manner, and that eligible civil servants are not prejudiced by administrative neglect. “Fairness, transparency and timeliness in promotion matters are critical to keep employees efficient and motivated.”

The judgment said that it must be remembered that promotion in public service is not a gratuitous benefit, it is tried to merit, performance and operational needs of the State. Once an employee satisfies the prescribed eligibility criteria, a corresponding duty devolves on the competent authority to consider the case failing which a reasonable timeframe where they are difficulties the same must be documented and explained to ensure systematic failures and transparency.

A three-judge bench, headed by Justice Ayesha A. Malik and comprising Justice Muhammad Hashim Khan Kakar and Justice Ishtiaq Ibrahim dismissed the judgment of the Punjab Service Tribunal to unjustifiably deprive the petitioner (Fakhar Majeed) of promotion to the post of draftsman (BPS-14) from the date of convening of first DPC i.e. 21.01.2012.

It was the contention of the petitioner that he is entitled to proforma promotion with effect from 18.01.2010 being the date when the vacancy was available for the post of draftsman (BPS-14).

He was appointed at the Punjab Irrigation Department, Lahore on 30.10.1999. promoted to the post of draftsman on current charge basis three times in BPS-10 vide letters dated 11.12.2008, 02.06.2010 and 12.11.2011 for a period not exceeding one year under Rule 10(b) of the Punjab Civil Servants (Appointment & Condition of Services), Rules, 1974 (Rules). From 05-06-2012 he was acting as draftsman in BPS-11 on current charge basis for a period not exceeding one year under the Rule vide order dated 13.10.2012.

The petitioner was not considered for promotion by a Departmental Promotion Committee (DPC) convened in 2012. He was ultimately recommended for promotion to the post of draftsman by the DPC on 04.05.2019 and thereafter promoted on 07.05.2019.

The petitioner contended that he was not treated fairly as per law and was denied the lawful right of being considered for promotion in 2012. He, therefore, requested for regular promotion to the post of draftsman (BPS-14) with effect from 18.01.2010.

Copyright Business Recorder, 2026