Law:

Section:

Summary The petitioners sought the same promotion benefits that had been granted to their counterparts in Khyber Pakhtunkhwa pursuant to earlier judgments of the Peshawar High Court and the Supreme Court. They argued that they should also be promoted to Accounts Officer (BS-18) from 2014. The High Court noted that the petitioners had already been promoted in 2020 and that the earlier judgments only directed the authorities to consider and forward promotion cases, not to grant retrospective (ante-dated) promotions. Since there were no vacancies at the relevant time and the petitioners' claim for ante-dated promotion was beyond the scope of the original prayer, the writ petition was dismissed. Legal Core Points A judgment directing consideration for promotion does not automatically entitle an employee to retrospective (ante-dated) promotion. Promotion can only be granted against available sanctioned vacancies. The petitioners had already received promotion; therefore, no further relief was warranted. Relief beyond the prayer clause of the petition cannot ordinarily be granted. The writ petition was dismissed as the claim for ante-dated promotion lacked legal basis. JUDGMENT SHEET   ARBAB MUHAMMAD TAHIR, J:- Through the instant writ petition, the petitioners have prayed for a direction to the respondent to extend the benefits of judgment dated 17.03.2016 passed by the Hon’ble Peshawar High Court, Peshawar and judgment dated 02.11.2016 passed by the Hon’ble Apex Court, due to having identical propositions and question of law. In addition, they also prayed for a direction to consider them for promotion in the upcoming Departmental Promotion Committee-DPC meeting pursuant to the referred judgments.    The case, setup by the petitioner, is that the respondent No.1(Ministry of Finance) vide UO dated 27.02.2014 had created 133 new posts of Accounts Officers BS-18 in two phases in the financial year 2013-14 and 2014-15, under the department of respondent No.2, (Controller General of Accounts), in the main office and field offices. Being dissatisfied with non-consideration for promotion, the counterparts of the petitioners hailing from…