| Citation(s) |
|---|
| 2026 SLG 2456 2026 SLD 2456 |
Writ petition no. 677/2023
Presented By: Sardar Ejaz Ishaq Khan
18.03.2023 Mirza Waqas Qayyum, Advocate along with the petitioner Mr. Saeed Ahmed Zaidi, Advocate for respondent no.3 FBR Abdul Rehman Goher, S.O, Establishment Division
Abdul Wahid Uqaily
VS
. FOP through Secretary Establishment Division, and others
Law: Civil Servants Promotion (BPS-18 to BPS-21) Rules, 2019
Section: Rule 12(2)
Case Summary
Nature of Proceeding
A writ petition challenging the Central Selection Board's (CSB) interpretation and application of the 3rd proviso to Rule 12(2) of the Civil Servants Promotion (BPS-18 to BPS-21) Rules, 2019 ("2019 Rules"), which resulted in two successive deferments of the petitioner's promotion consideration.
Parties
| Role | Description |
|---|---|
| Petitioner | Civil servant; currently Director General Digital Initiatives (BS-21 in OPS), FBR, Islamabad |
| Respondent No. 3 | FBR (represented in Court) |
| Other Respondent | Establishment Division / CSB |
Background Facts
| Detail | Description |
|---|---|
| Academic Achievement | 1st position in National Management Course, 2020 |
| Scholarship | Fully-funded PhD scholarship in Public Policy from West Virginia University, USA, under a Technical Assistance Program |
| Study Leave | Effective 01.08.2017; period of study declared "on duty" |
| Course Work Completion | Successfully completed, including dissertation prospectus defence; transcript records performance as "excellent" (GPA 3.87) |
| Re-joined Duty | 16.07.2021 |
| Current Status | Pursuing post-coursework doctoral research, alongside full-time work; permitted by University to submit thesis up to May 2023 |
| PER Shortfall | Earned PER for 9 months and 27 days (not a full year) — shortfall not attributable to petitioner, having been placed in the admin pool for an intervening 1.5 months |
The Two Deferments
First Deferment (Letter dated 03.02.2022)
"Deferred in line with Rule 7(k)... as you have not produced the evidence of successful completion of PhD degree."
Second Deferment (Letter dated 16.01.2023, after CSB meeting 10-15 August 2022)
"The Board reviewed the service profile, TERs and PERs... Considering that the officer has not produced evidence of successful completion of his PhD degree in terms of last proviso of Rule 12(2)... the officer will be considered for promotion after successful completion of his PhD, and was therefore deferred..."
The Relevant Rule — Rule 12, CSPR 2019 (Reproduced in Full)
12. Consideration for promotion of civil servants who are on leave (1) A civil servant on leave (including study leave) less than one year shall be considered for promotion; actualized upon return. (2) A civil servant on leave not less than one year shall be required to earn a PER for one full year after rejoining:
- Proviso 1: Training period/TER included in the 12-month computation.
- Proviso 2: The one full year starts from date of rejoining.
- Proviso 3 (the disputed provision): "Civil servants availing scholarships after a competitive process and through Technical Assistance Program shall only be required to produce evidence of successful completion of the course, and the provision of sub-rule (2) shall not apply to such cases."
Core Legal Issue
Whether the 3rd proviso to Rule 12(2) imposes a mandatory, independent requirement that a scholarship-holder must complete the full degree (e.g., the PhD) before being considered for promotion — or whether it merely exempts such officers from the "one full year's PER" requirement upon producing evidence of having completed their "course" (i.e., coursework)?
CSB's Interpretation (Rejected)
The CSB read the 3rd proviso as imposing a distinct, independent requirement that the petitioner obtain the PhD degree itself before being eligible for promotion consideration — treating absence of the completed degree (not absence of PERs) as the disqualifying factor.