PROVINCE OF SINDH through Chief Secretary vs GHULAM SHABBIR R — 2023 SCMR 686 SUPREME-COURT

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PROVINCE OF SINDH through Chief Secretary VS GHULAM SHABBIR R. 8-a---Promotion on acting charge basis, regularization of---Effective date of promotion---Scope---Promotion of respondents was made on acting charge basis in the year 2017 but after three years the incumbents were promoted on regular basis, which demonstrated that there was no case of withdrawal, or dissatisfactory service, or complaint, or any recommendation of the Provincial Public Service Commission (PPSC) justifying the reversion from acting charge to the substantive post, rather the competent authority of its own volition and satisfaction regularized the promotion made on the basis of acting charge after three years on the recommendations of the Departmental Promotion Committee (DPC) which means that, after verifying the dossier with regard to the performance and antecedents of the respondent-employees, the recommendations for regularizing the promotions were acted upon by the competent authority---Despite this the matter was yet again sent to the DPC for effecting regularization for recommendations after a timespan of three years which did not stand to reason---Respondents merely approached the Tribunal for directions to consider the regularization of their acting charge promotion from the date when they were initially assigned the duties in BS-17 on acting charge basis rather than regularizing their promotion after three years with immediate effect, or else they should have been considered for the regularization of their acting charge promotion from the date when the posts had fallen vacant---Sub-rule 4 of Rule 8-a of the Sindh Civil Servants (appointment, Promotion and Transfer) Rules, 1974 ("the 1974 aPT Rules"), provides that acting charge appointment can be made against posts which are likely to fall vacant for a period of six months or more and against vacancies occurring for less than six months, but in the case of the present respondents the acting charge continued for up to three years without any logical justification or reason and at the end of the day their promotion was regularized without any demur but with immediate effect---Command of Sub-rule 4 of Rule 8-a of the 1974 aPT Rules was not adhered to despite the availability of vacant positions on which the promotion was regularized after a considerable period---Tribunal had not issued any directions for reckoning or regularizing the date of promotion on acting charge basis with effect from any specific date but in all fairness, the directions were issued to the competent authority to consider the promotion with effect from the dates when vacancies in their quota became available---No illegality was found in the impugned judgment of the Tribunal---appeals were dismissed.

PROVINCE OF SINDH through Chief Secretary vs GHULAM SHABBIR R — 2023 SCMR 686 SUPREME-COURT

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