Law: Service Tribunals Act, 1973

Section: 4,7

Law: Constitution of Pakistan, 1973

Section: 185(3)

Tagline : If adverse remarks are set aside, the supersession goes.

Summary

The respondent was denied promotion from 2015 to 2019 due to adverse remarks recorded in 2013. These remarks were later set aside by the Federal Service Tribunal and upheld by the court, nullifying the basis for his supersession. The Tribunal allowed the respondent’s claim for ante-dated promotion from 2015 despite delayed representation, holding that the supersession orders lost legal effect upon annulment of the adverse remarks. The court upheld this decision and dismissed the government's appeal.

Core Points

• Adverse remarks recorded in 2013 were the sole basis for superseding the respondent's promotion from 2015 to 2019.
• The respondent challenged and succeeded in having these adverse remarks set aside by the Federal Service Tribunal in 2018 and confirmed by the Court in 2019.
• The respondent was eventually promoted in 2020, but claimed promotion should date back to 2015 when initially due.
• Delay in filing departmental representation was condoned due to justified reasons (security and access constraints).
• Supersession orders based exclusively on annulled adverse remarks lost all legal effect.
• No legal requirement to separately challenge each supersession order when their foundational adverse remarks were judicially eradicated.
• Contrary to Abdul Ghani Chaudhry (1998 SCMR 2544), which did not address annulment of foundational adverse remarks.
• Tribunal’s decision to grant ante-dated promotion from 2015 was upheld, rejecting the government’s appeal.

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