Dr. NOOR MUHAMMAD SHAH vs MINISTRY OF NATIONAL HEALTH SERVICES, REGULATION AND COORDINATION Rr

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Dr. NOOR MUHAMMAD SHAH VS MINISTRY OF NATIONAL HEALTH SERVICES, REGULATION AND COORDINATION Rr.7 & 24, Sched.VI---Promotion---Conditions for deferment---Responsibilities of Departmental Representatives---Performance Evaluation Reports (PER) from irrelevant officers---Effect---Petitioner assailed memorandum issued by the Ministry which showed that he was considered for promotion from BPS-19 to BPS-20 in a meeting of the CSB (Central Selection Board) but his promotion was deferred on the ground that he had managed to get written his PERs (Performance Evaluation Reports) from irrelevant officers---Validity---Assuming that the petitioner's PERs for the relevant years were from officers who were not his immediate supervisors, the fault lay with the Ministry in sending such PERs---Rule 24 of the Civil Servants Promotion (BPS-18 to BPS-21) Rules, 2019, provided inter alia that while forwarding proposals for consideration for the CSB, the Departmental Selection Board (DSB), Departmental Promotion Committee (DPC) and the administrative Ministries, Divisions and Departments shall follow the guidelines set out in Schedule VI to the Civil Servants Promotion (BPS-18 to BPS-21) Rules, 2019---Paragraph (2)(iii) of Sched. VI obligated the administrative Ministries, Divisions and Departments to ensure that documents relating to proposals for promotion were prepared with utmost care so that the information submitted to the CSB, DSB and DPC was complete and accurate in all aspects and to ensure that PER dossiers were complete---Obligation to submit complete PER dossiers also included the duty to ensure that PERs of civil servants were from the relevant officers---Such was not just irrational but arbitrary for the CSB to have deferred the petitioner's consideration for promotion on such ground---Absence of the petitioner's PERs (in lieu whereof a certificate had been issued on the basis of the advice from the Establishment Division) was not valid or sustainable ground for the CSB to recommend the deferment of the petitioner's consideration---Rule 7(d) of the Civil Servants Promotion (BPS-18 to BPS-21) Rules, 2019, provided that a civil servant's consideration for promotion shall be recommended for deferment if the CSB wanted to further watch performance of the officer for any reason to be recorded in writing---No other reason was ascribed by the CSB for deferring the petitioner's consideration for promotion---Constitutional petition was allowed, impugned memorandum was set aside and the respondents were directed to consider the petitioner for promotion in the very next meeting of CSB.

Dr. NOOR MUHAMMAD SHAH vs MINISTRY OF NATIONAL HEALTH SERVICES, REGULATION AND COORDINATION Rr — 2022 PLC(CS) 1567 ISLAMABAD

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