Law: Promotion Policy, 2010

Section: 2(2)

Law:

Section: 8(1)

Promotion Policy, 2010--- ----Cl. 2(2)---Proforma Promotion---Failure of employee to submit Annual Confidential Reports before Departmental Promotion Committee---Effect---Employee was considered for promotion by the Departmental Promotion Committee and decision was in his favour subject to provision of Annual Confidential Reports for the missing period---Petitioner failed to submit his Annual Confidential Reports to the Departmental Promotion Committee---Had petitioner complied with the decision of Departmental Promotion Committee he would have been promoted---Civil servant had right to be considered for promotion if he was entitled to be promoted from a particular date but for no fault of his own---Employee was neither ignored nor any mala fide or illegality was on record against the department in granting him promotion to the higher cadre---Petitioner had failed to bring on record any departmental representation during the period when he was not promoted to the next grade---Nothing was on record that employee on department's failure to act on his representation approached any competent forum during the said period---Employee could not be granted proforma promotion when he was not prevented from being promoted or department was not negligent in discharging its responsibility---Constitutional petition was dismissed, in circumstances. THIS ORDER PASSED BY: MUHAMMAD FARRUKH IRFAN KHAN, J.--- Brief facts of the case are that the petitioner was initially appointed as Assistant (BS-11) on 21.06.1987 in the respondent-department. Subsequently he was promoted as Staff Officer (BS-16) on 19.05.2001 and finally as Assistant Director (General Cadre) (BS-17) on 27.12.2016. Grievance of the petitioner is that respondents Nos.6 to 9 after their promotions as Staff Officers figured in the Seniority List at Serial Nos. 25, 26, 31 and 27 respectively while the petitioner was at Serial No.24, as such, he was senior to them and eligible to be promoted as Assistant Director (G.C.) (BS-17) w.e.f. 03.11.2009 when his junior Mudassar Majeed-respondent No.6 was promoted; that Rehan Akbar and Muhammad Rashid, respondents Nos.7 and 8 who were also juniors to the petitioner were also…

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