Law:

Section:

(a) Civil service-------Promotion---Principles---Promotion is not a vested right of civil servant---Promotion in non-selection post, is made on the basis of seniority-cum-fitness and civil servant cannot ask for, or claim a promotion as a matter of right as it is within the exclusive domain of the government---Neither the promotion could take place automatically, nor the seniority alone is the deciding factor, as number of factors constitute fitness for promotion---Act of mere technical irregularity with regard to promotion of civil servant having been instantaneously ratified by the authorities after being pointed out, per se would not be sufficient to hold that such action had any dent of malice on the part of authorities in the matter of promotion. 1997 PLC (C.S.) 77; 1998 SCMR 736; PLD 1991 SC 1118; 1998 PLC (C.S) 980; 1991 PLC (C.S) 587; 1985 SCMR 1158; PLD 1997 SC 84; PLD 2003 SC 110; 2007 SCJ 41; 1997 PLC (C.S) 1210 and 2001 PLC (C.S) 654 ref. (b) Civil service-------Promotion---Civil servant, who, during pendency of his appeal, stood retired, could not be considered for promotion with retrospective effect. Sh Iftikhar Ahmad, Advocate Supreme Court with Ejaz M. Khan, Advocate-on-Record for petitioner. Nemo for Respondents. Date of hearing: 17th March, 2008. JUDGMENT MUHAMMAD MOOSA K. LEGHARI, J.---Instant petition for leave to appeal is directed against the judgment dated 11-12-2007, passed by Federal Service Tribunal, Islamabad, whereby service appeal filed by the petitioner was dismissed. 2. The facts forming the background of this petition are that the petitioner was initially appointed as a Garden Supervisor in 1964 and was promoted as Sub-Divisional Officer (BS-16) and subsequently as, Assistant Executive Engineer (BS-17) in 1992. The petitioner was further promoted to the post of Executive Engineer/Deputy Director (BS-18) on 13-11-1995. In 1992 a new post of Director/Superintending Engineer (Horticulture) was notified on 25-4-1992, which was to be filled through promotion from Deputy Director (Horticulture) (BS-18) having 12 years service in (BS-17) and above or 7 years service in (BS-18). As claimed by the petitioner, he had legitimate expectation…

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