Law:

Section:

(a) Civil Servants Act, (LXXI of 1973)------S. 9---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---Notification S.R.O. 1047(I)/1993, dated 23-10-1993---Promotion---Selection Grade---Basic Scales-21 to 22---Procedure---Use of discretion---Principles---Provisions of S.9 of Civil Servants Act, 1973, mainly deal with promotions up to Basic Scale-21 procedure whereof has been laid under Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---Presently rules are not available for promotion to selection grade i.e. front Basic Scale-21 to Basic Scale-22, although in year, 1993 vide Notification S. R.O. 1047 (I)/1993, dated 23-10-1993, such rules were framed but those were rescinded on 4-4-1998---In absence of any rules for promotion to Basic Scale-22, reliance has to be placed on S. 9(2)(a)(b) of Civil Servants Act, 1973, according to which in case of selection post, selection has to be made on the basis of merit and in case of non-selection post on the basis of seniority-cum-fitness-Promotion to posts in Basic Scales-20 and 21 and equivalent, under S.9 (2) of Civil Servants Act, 1973, has to be made on the recommendations of Selection Board---For promotions from Basic Scales- 21 to 22 no other criterion has to be taken into consideration except merit---There are no rules for promotion to selection post of Grade-22, meaning thereby that competent authority may exercise discretion which has to be structured in view of the principles laid down in judge made law by full application of mind. Chairman RTA v. Pak. Mutual Insurance Co. PLD 1991 SC 14; Director Food, N.-W.F.P. v. Madina Flour and General Mills (Pvt.) Ltd. PLD 2001 SC 1; Chief Secretary Punjab v. Abdul Raoof Dasti 2006 SCMR 1876; Abdul Wahab v. Secretary Government of Balochistan 2009 SCMR 1354 and Delhi Transport Corporation v. D.T.C. Mazdoor Congress AIR 1991 SC 101 rel. (a) Discretion--- ----Fair and transparent discretion, exercise of---Principles---Action must be based on fair, open and just consideration to decide matters more particularly when such powers are to be exercised on discretion---Arbitrariness in any "tanner is to be avoided to ensure that action based on…

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