Law:

Section:

Civil service--- ----Promotion---Deferment of promotion of employee due to non-availability of annual confidential reports---Employee was considered for promotion but he was deferred due to non-availability of performance evaluation reports---Validity---Non-availability of record for promotion including annual confidential reports was not the fault of civil servant for which he could be made to suffer---Department had neglected to complete the performance evaluation reports of employees and despite that fact their cases had been sent to Central Selection Board for promotion---High Court observed that name of employee should not have been sent for promotion if his performance evaluation reports was not complete---Department was directed to complete the performance evaluation reports of employee forthwith and place his name in the next meeting of Central Selection Board, if he was otherwise eligible for promotion---If any civil servant was not eligible for promotion then his name should not be sent to the Board---Constitutional petition was disposed of, in circumstances. Trustee of the Port of Karachi v. Gujranwala Steel Industries and another 1990 CLC 197; Abdul Majeed v. Senior Vice President, UBL, Karachi and others 2002 PLC (C.S.) 1438 and Bashir Hussain Bokhari v. Secretary, Ministry of Housing and Works, Islamabad 1994 SCMR 420 ref. Pervaiz Akhtar v. Federal Government 2014 PLC (C.S.) 326; Mirza Lutuf Muhammad Khan v. Government of Pakistan 2006 PLC (C.S.) 85 and Secretary, Revenue Division and others v. Muhammad Saleem 2008 SCMR 948 rel. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE:---.--- This judgement shall decide the instant petition as well as Writ Petition No. 511 of 2019 as common questions of law and facts are involved. 2. The petitioner, in the instant petition, is aggrieved of Order dated 05.08.2019, whereby the petitioner was intimated that he was considered for promotion, however, was deferred due to incomplete Performance Evaluation Reports for the years 2017 and 2018. The petitioner is currently serving in BS-19 as Director, Federal Public Service Commission. He competed 23 years of government service including five years in BS-17,…

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