MUHAMMAD GUL KHALIL vs MANAGING DIRECTOR KTH, PESHAWAR S — 2024 PLC(CS) 1232 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PLC(CS) 1232 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PLC
Parties: MUHAMMAD GUL KHALIL vs MANAGING DIRECTOR KTH, PESHAWAR S
Subject matter: Service
Provisions referred to: S. 4; Khyber Pakhtunkhwa Service Tribunals Act

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

MUHAMMAD GUL KHALIL VS MANAGING DIRECTOR KTH, PESHAWAR S.4(b)(i)---Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989, R.7(3)---Promotion---'Eligibility' and 'fitness'---Distinction---Determination of 'eligibility' and 'fitness'---Scope---Where a civil servant is considered and he is found as "ineligible for promotion" in terms of qualification/experience or for any other pre-requisite requirements for promotion to the next scale, then he will have a remedy of service appeal before the Service Tribunal, however, if he is considered by the Departmental Promotion Committee (DPC) DPC for promotion and found as eligible but "un-fit for promotion" then the Service Tribunal will have no jurisdiction in view of the bar contained in S.4(b)(i) of the Khyber Pakhtunkhwa Service Tribunals Act, 1974 and as such he can maintain a writ petition before High Court---Petitioners had not been considered by the Departmental Promotion Committee (DPC) for their promotion to the next grade, therefore, their "eligibility for promotion" and their "fitness for promotion" were yet to be determined by the DPC, and as such they had no locus standi either to approach the Service Tribunal or the High Court, as the case may be, for the redressal of their grievances---Constitution petition was dismissed accordingly.

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