MUHAMMAD AMJAD vs The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY 'Upgradation of post'

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MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY 'Upgradation of post'---Scope---Upgradation cannot be made to benefit a particular individual in terms of promoting him to a higher post or further providing him with the avenues of lateral appointment or transfer or posting---In order to justify the upgradation, the Government is required to establish that the department needs restructuring, reform or to meet the exigency of service in public interest---In the absence of said pre-conditions, upgradation is not permissible. Head NotesCase Description Citation Name: 2022 SCMR 797 SUPREME-COURTBookmark this Case MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY 'Upgradation of post' and 'promotion'---Distinction---Promotion involves advancement in rank, grade or a footstep enroute for advancement to higher position, whereas the facility or benefit of upgradation simply confers some monetary benefits by granting a higher pay scale to ventilate stagnation. Head NotesCase Description Citation Name: 2022 SCMR 797 SUPREME-COURTBookmark this Case MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY Promotion---No vested right can be claimed on the basis of promotion issued without any legal sanction or authority---Wrong benefit extended beyond the scope of law and rules/policy cannot be claimed in perpetuity or eternity. Head NotesCase Description Citation Name: 2022 SCMR 797 SUPREME-COURTBookmark this Case MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY Promotion---'Eligibility' and 'fitness' of candidate---Scope---Though promotion is not a vested right, but it depends on the eligibility as well as fitness of the candidate---Concept of eligibility implies a qualification to be appointed or promoted, whereas determination of fitness encompasses a person's competence to be chosen or selected for appointment or promotion subject to the availability of post on which the credentials and antecedents of person could be examined for examining his merits and worthiness for promotion---Neither promotion can take place automatically, nor seniority alone is the deciding factor as a number of factors constitute fitness for promotion. Head NotesCase Description Citation Name: 2022 SCMR 797 SUPREME-COURTBookmark this Case MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY Promotion---Not a vested right---Promotion to a certain post is never considered to be a vested right of a civil servant---In case of non-selection post, the promotion is made on the basis of seniority-cum-fitness and no civil servant can ask for or claim a promotion as a matter of right as it is within the exclusive domain of the government. Head NotesCase Description Citation Name: 2022 SCMR 797 SUPREME-COURTBookmark this Case MUHAMMAD AMJAD VS The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY 'Upgradation of post'---Scope---Expression up-gradation is disparate and incongruent to the term promotion which is resorted to in order to ventilate the sufferings of employees from stagnation who are stuck up in some isolated posts without any pathway or probability of promotion despite satisfactory length of service in a particular post---Upgradation cannot be claimed as a matter of right but it is in fact based on a policy decision of the competent authority for its implementation across the board for the particular categories of employees jotted down in the scheme/notification who fulfill the required qualification which is normally a particular length of service in a particular pay scale. Head NotesCase Description

MUHAMMAD AMJAD vs The DIRECTOR GENERAL, QUETTA DEVELOPMENT AUTHORITY 'Upgradation of post' — 2022 SCMR 797 SUPREME-COURT

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