Law: Constitution of Pakistan, 1973

Section: 199,17,RULE 6(1)

📌 Summary of the Case The petitioner, a retired employee of Karachi Water and Sewerage Corporation, challenged denial of promotion from the due date (23.02.2018). His junior was promoted in 2018, while he was promoted later in 2021. A departmental note-sheet (2021) acknowledged that he was entitled to earlier promotion. Despite this, no action was taken, and he retired in 2023. Court’s Findings The petitioner had a vested right to promotion from the due date. Acceptance of delayed promotion does not waive earlier entitlement. Department’s failure was administrative lapse, not petitioner’s fault. Even after retirement, an employee can claim proforma (retrospective) promotion. Denial of promotion from due date was arbitrary and unlawful. Final Decision Petition allowed Promotion granted retrospectively from 23.02.2018 Entitled to: Pay re-fixation Pensionary benefits ⚖️ Sections / Laws Used Article 199, Constitution of Pakistan (judicial review) Fundamental Rule 17 (proforma promotion & financial benefits after retirement) Rule 6(1), KW&SB Employees (APT) Rules, 1987 🧾 2 × Two-Word Case Descriptions Delayed Promotion Retrospective Benefits       ORDER NISAR AHMED BHANBHRO, J. claims following relief(s): Through this petition, the petitioner   “A. That the Petitioner is entitled to his promotion from the date of DPC held on 23-02-2018 as assented/approved by the Respondents No.1 to 3 and non-issuance of letter of his promotion from the said date i.e. 23-02-2018 is illegal unlawful unjust ab-initio and un-constitutional against the rights interests and entitlement of the Petitioner and Petitioner is entitled of his promotion from the said date i.e.23-02-2018 and deferential amount of salary and pension and the Respondents are under legal and lawful obligations to issue letter for his promotion from the said date. B. To Pass order directing the Respondents to promote the Petitioner in BS- 19 from said date i.e. 23-02-2018 and further to calculate the deferential   amount of his salary and pension and pay the same to the Petitioner immediately.” Respondents No 1 to 3 filed their joint…