FARMAN ULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S — 2022 PLC(CS) 635 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLC(CS) 635 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLC
Parties: FARMAN ULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S
Subject matter: Service
Provisions referred to: S. 9; Service Tribunals Act (LXX of 1973)

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

FARMAN ULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S.9(1)---Service Tribunals Act (LXX of 1973), Ss.4 & 22---Promotion---"Seniority-cum-merit" or "seniority-cum-fitness"---Rule of comparative assessment---Applicability---Principle of "Seniority-cum-Merit" or "Seniority-cum-Fitness" visualized rejection of the unfit only---Difference existed where the promotion was based on the pure seniority and promotion based on seniority-cum-fitness---Whereas in a case of promotion based on seniority-cum-fitness apart from pure seniority, the person's fitness to hold the post to which he could be promoted , his physical fitness, his acquirement of qualification prescribed for the promotion post or such other positive factors from which it would be obvious that he was fit for promotion would have to be taken into account---Rule of comparative assessment was applicable. Head Notes

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