| Citation(s) |
|---|
| 2025 SLG 2079 2025 SLD 2079 = 2025 SCP 268 |
Civil Petition No.550-K of 2022 (On appeal against the judgment dated 27.01.2022 passed by the High Court of Sindh, Karachi in C.P. No. D-184 of 2018)
Mr. Justice Muhammad Ali Mazhar Mr. Justice Syed Hasan Azhar Rizvi Mr. Justice Aqeel Ahmed Abbasi
For the Petitioner: Malik Naeem Iqbal, ASC Mrs. Abida Parveen Channar, AOR For the
Respondent No. 1 and 2: Mr. Mohsin Shahwani, Addl. AGP Mr. Ghulam Rasool Mangi, AOR Date of Hearing: 04.06.2025
Ghulam Qadir Thebo …Petitioner
VERSUS
Islamic Republic of Pakistan through Secretary, Establishment Division, Government of Pakistan and others … Respondents
Law: Constitution of Pakistan, 1973
Section: 4, 9, 10-A, 18, 25
Summary of the Judgment:
The petitioner, a senior police officer (BS-21), challenged his supersession for promotion to BS-22 by the High-Powered Selection Board (HPSB), despite being senior and having outstanding Performance Evaluation Reports (PERs) from 2013 to 2018. The petitioner alleged violation of his constitutional rights due to arbitrary non-consideration for promotion. The High Court initially dismissed the petition based on adverse remarks not supported by the record. The petitioner then filed a civil petition for leave to appeal.
The Supreme Court observed that while promotion is not a right, an employee has the right to be considered fairly according to applicable rules and law. Notably, under Fundamental Rule 17 (FR 17), if a civil servant is wrongly denied promotion due to administrative oversight and retires before consideration, he may be entitled to proforma promotion with arrears.
The Court found that the adverse remarks against the petitioner were not substantiated by the PERs, which showed excellent performance and integrity. The Supreme Court set aside the High Court’s order and remanded the case to the HPSB to reconsider the petitioner’s proforma promotion fairly and in accordance with FR 17 within two months.