Law: Constitution of Pakistan, 1973

Section: 27

Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: 7-A

Summary:

The court allowed the petitioners’ request for retroactive promotions, directing the competent authority to grant their promotions effective from the original DPC recommendation date of August 11, 2012, and to release the accrued service benefits within two months.

Core Points:

• Petitioners were recommended for promotion in 2012 but promoted with effect from 2017.
• Other doctors received retroactive promotions from the original DPC date, creating discrimination.
• Petitioners claim violation of Article 27 of the Constitution (equality before law) and statutory promotion rules of 1982.
• The government argued Rule 7-A of Sindh Civil Servants Rules, 1974, limiting retroactivity to retired or deceased officers at notification time.
• Court held promotion should be effective from DPC recommendation date, as per settled legal principles.
• Even if retired, employees are entitled to backdated promotion benefits.
• Competent authority directed to implement promotions and release benefits within two months.

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