GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar vs FAZLI GHUFRAN Promoti

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GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar VS FAZLI GHUFRAN Promotion---Senior most candidate on seniority list---Right to promotion from date when post becomes vacant---In the present case, after promotion of the officials/officers at Serial Nos.1 to 3 of the seniority list, respondent became senior most, topping the seniority list as a Soil Conservation Inspector (BPS-11)---One of the Soil Conservation Assistants (BPS-17) retired on 12th May, 2015, and his retirement resulted into a vacant post of Soil Conservation Assistant (BPS-17)---Respondent being the senior most, was entitled for the promotion to occupy the said vacant post of Soil Conservation Assistant (BPS-17) and promotion in the given circumstances had become his legal and vested right, but the same was denied to him by the Department with no valid reasons and also no fault on his part---Respondent was compelled to approach the Tribunal, which allowed his appeal declaring him entitled to be promoted; and denying him, his legal right was also declared as an unlawful and arbitrary exercise of authority resulting in injustice to him---Said decision of the Tribunal though was implemented but with immediate effect i.e. from 29th May, 2018 and not from the date the post became vacant/ available i.e. from 13th May, 2015, as the respondent was admittedly eligible for promotion on that date---Such promotion order with immediate effect, once again compelled the respondent to struggle for his accrued right, and the Tribunal once again came to his rescue and rightly ordered his promotion from the date, the post fell vacant---Supreme Court observed that omissions and commissions such as the one in the present case whereby decision of Tribunal was not implemented as par mandate of law were made by the authorities concerned intentionally, purposely and also in a casual manner without application of mind; that this became very troublesome for the affectee who remained in the courts for years to seek his legal and due rights; that when such type of settled matters came to the courts, it created problems not only for the Government Departments but also for those suffering from such reckless and irresponsible conduct of the concerned besides the financial losses and wastage of precious time of the courts and the parties concerned--- Appeal was dismissed.

GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar vs FAZLI GHUFRAN Promotion — 2022 PLC(CS) 1481 SUPREME-COURT

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