Law:

Section:

(a) Civil service--- ---Promotion---’Eligibility’ and ‘fitness’ of candidate---Scope---Though promotion is not a vested right, but it depends on the eligibility as well as fitness of the candidate---Concept of eligibility implies a qualification to be appointed or promoted, whereas determination of fitness encompasses a person’s competence to be chosen or selected for appointment or promotion subject to the availability of post on which the credentials and antecedents of person could be examined for examining his merits and worthiness for promotion---Neither promotion can take place automatically, nor seniority alone is the deciding factor as a number of factors constitute fitness for promotion. (b) Civil service--- ---Promotion---Not a vested right---Promotion to a certain post is never considered to be a vested right of a civil servant---In case of non-selection post, the promotion is made on the basis of seniority-cum-fitness and no civil servant can ask for or claim a promotion as a matter of right as it is within the exclusive domain of the government. Abdul Hameed v. Ministry of Housing and Works, Government of Pakistan through Secretary and others PLD 2008 SC 395 ref. (c) Civil service--- ---’Upgradation of post’---Scope---Expression up-gradation is disparate and incongruent to the term promotion which is resorted to in order to ventilate the sufferings of employees from stagnation who are stuck up in some isolated posts without any pathway or probability of promotion despite satisfactory length of service in a particular post---Upgradation cannot be claimed as a matter of right but it is in fact based on a policy decision of the competent authority for its implementation across the board for the particular categories of employees jotted down in the scheme/notification who fulfill the required qualification which is normally a particular length of service in a particular pay scale. Fida Muhammad v. Government of Khyber Pakhtunkhwa 2021 SCMR 1895 ref. (d) Civil service--- ---’Upgradation of post’ and ‘promotion’---Distinction---Promotion involves advancement in rank, grade or a footstep enroute for advancement to higher position, whereas the facility or…

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