Law: Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009

Section: 71

Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009---   ----Art. 71---Writ petition---Civil service---Promotion---Petitioner, a government servant, serving as Administrative Officer (BPS-16) had assailed the finding of Departmental Promotion Committee, whereby his case for promotion against the post of Assistant Director (BS-17) was deferred---Petitioner was senior most in the category of employees and he fulfilled all the pre-requisites---Post available had to be filled in on the basis of seniority/fitness amongst the eligible incumbents as it fell against the promotion quota---No adverse reporting or disciplinary actions were noted to be on record or under way against the petitioner---Assistant Advocate-General and Departmental Counsel were not in a position to identify any other deficiency---Promotion of a government servant could not be withheld on the frivolous excuse and unacceptable in the eyes of law---Petitioner was fully qualified for promotion, but Departmental Promotion Committee had without any legal infirmity deferred his case for promotion---Authorities were directed to promote the petitioner to the post of Assistant Director (BS-17) after having resort to the procedure provided under relevant laws/rules from the date when his case was deferred.     JUDGMENT SAHIB KHAN, J.---Petitioner, a government servant, serving as Administrative officer (BPS-16) in the Gilgit Baltistan Education Department (now retired) assailed the findings of departmental Promotion Committee (herein after called as DPC) held on 16-5-2006, whereby his case for promotion against the post of Assistant Director Admin, (BS-17) was deferred for the reasons contained therein. 2. We have heard the learned counsel for the parties and have gone through the available record. 3. The learned counsel for the petitioner stressed that the promotion case of petitioner to the higher pay scale was deferred by the DPC in spite of fulfilling all the pre-requisites e.g. qualifications, seniority and favourable reports from his superiors about his performance. The learned Counsel referred the minutes of meeting dated above which contain the facts of the case of the…

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