Law: Balochistan Service Tribunals Act, 1974

Section: 5(1)

Balochistan Service Tribunals Act (V of 1974)--- ----S. 5(1)---Service Tribunal, powers of---Scope---Pro forma promotion---Tribunal directed the Provincial Government to create a new post and grant pro forma promotion to a civil servant against such post---Legality---Creation of a new post for the purpose of pro forma promotion is a policy decision and the Service Tribunal(s) cannot exercise such executive authority. Creation of a post is a policy decision, based upon the requirements of a department and involves economic factors, which is the sole discretion and executive authority to be exercised by the Government alone. The Tribunal cannot assign to itself such executive function, nor can it grant relief not provided under the law. 2023 SCMR 803 and (2008) 1 SCC 683 ref. Even otherwise, promotion of an officer in selection grades is based upon the principle of fitness-cum-seniority, which depends upon multiple factors, as per the service rules based upon the service record of the incumbent. These factors can only be determined by the Board and upon its recommendations, it is the prerogative of the Government to agree or disagree with such recommendations. However, in case of disagreement, reasons must be assigned by the competent authority. Consequently, directing the Government to create a new post and grant pro forma promotion to a civil servant amounts to exercise of power in excess of the Tribunal's authority, which is without jurisdiction. JUDGMENT JAMAL KHAN MANDOKHAIL, J.---Respondent No.1 was an officer in BS-20 of the Government of Balochistan and was serving in the Federal Government on deputation w.e.f. 01.01.2001 to 31.12.2013. The Provincial Selection Board (the "Board") convened a meeting for promotion of officers. The case of Respondent No.1 for promotion was not considered for the reasons that he was on deputation, did not rejoin his parent department, nor submitted his ACRs during the said period. Consequently, his promotion was deferred and instead Respondent No.2, who was junior to him, was promoted. Respondent No. 1, feeling aggrieved, filed an appeal before the Balochistan Service Tribunal (the "Tribunal"). The Tribunal agreed with the…

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