Law:

Section:

(a) Civil service--- ----Promotion---Principle---Question whether a person is legally qualified for promotion over a particular post and grade is relatable to the factum whether he possesses the requisite qualification for consideration---Question of fitness pertains to competency of the person concerned which is to be decided by the competent authority--- Person may be considered eligible for a particular post but may not be promoted by considering him unfit on the basis of his past service, ACRs and his general conduct towards given assignments. Muhammad Rahim Khan v. Chief Secretary, N.W.F.P. 1999 SCMR 1605 rel. (b) Civil service--- ----Promotion---Criteria---In case of non-selection post, promotion is based upon seniority-cum-fitness and no employee can ask for or claim a promotion as a matter of right, as it is within the exclusive domain of competent authority--- Neither promotion can take place automatically nor the seniority alone is the deciding factor, as a number of factors constitute fitness for promotion. Government of N.W.F.P. v. Buner Khan 1985 SCMR 1158 rel. (c) Civil service--- ----Upgradation of post---Promotion---Distinction---Petitioners were employees of respondent University who sought their promotion and upgradation of their post on the basis of a Notification---Validity---Upgradation could not be claimed as a matter of right but was based on policy decision of competent authority for its implementation across the board for particular categories of employees jotted down in the Scheme/Notification who fulfilled required qualification which was normally a particular length of service in a particular pay scale--- Promotion involved advancement in rank/grade, whereas facility or benefit of upgradation conferred some monetary benefits by granting a higher pay scale to ventilate stagnation--- Benefit of upgradation was normally granted to persons stuck-up in one pay scale for considerable period of their length of service either having no venue for promotion or progression---High Court set aside the Notification in question issued by University authorities being illegal, without any lawful authority and void ab-initio---High Court directed…

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