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SECRETARY AGRICULTURE, LIVESTOCK AND COOPERATION DEPARTMENT, PESHAWAR vs ANEES AHMAD Pro forma promotion — 2021 SCMR 1266 SUPREME-COURT

Case information

Citation
2021 SCMR 1266 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
SECRETARY AGRICULTURE, LIVESTOCK AND COOPERATION DEPARTMENT, PESHAWAR vs ANEES AHMAD Pro forma promotion
Subject matter
Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SECRETARY AGRICULTURE, LIVESTOCK AND COOPERATION DEPARTMENT, PESHAWAR VS ANEES AHMAD Pro forma promotion---Respondent, who was otherwise eligible for promotion, was not promoted by the Departmental Promotion Committee (DPC), as it adjourned its meeting to a later date, by which time the respondent had retired---Held, that respondent had completed the requisite years of service provided by the promotion rules and the relevant official had also certified that there was no impediment in grant of promotion to him---Departmental Promotion Committee (DPC) for considering promotion was held on 19-06-2017 but was adjourned on the pretext that fresh option of officials forgoing their promotion be obtained---After adjourning of the meeting by DPC, the next meeting took place on 19-10-2017, but in the meantime, the respondent had retired from service on 21-06-2017---Due to the department's own non-vigilance and the DPC being insensitive to the employees who were on the verge of retirement, the department could not simply brush aside the case of an employee by merely saying that he had retired---Once the case of respondent had matured for promotion while in service and was placed before the DPC before his retirement, it was incumbent upon the DPC to fairly, justly and honestly consider his case and then pass an order of granting promotion and in case it did not grant promotion, to give reasons for the same---Impugned judgment of the Tribunal, directing the department to consider the case of promotion of respondent, did not suffer from any illegality---Appeal was dismissed.

Other judgments reported in 2021 SCMR

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