FEDERAL PUBLIC SERVICE COMMISSION through Chairman, Islamabad vs SHIRAZ MANZOOR Promotion

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FEDERAL PUBLIC SERVICE COMMISSION through Chairman, Islamabad VS SHIRAZ MANZOOR Promotion---No vested right---There is no vested right in promotion nor the rules which determines the eligibility criteria for promotion---Promotion is neither a vested right nor could it be claimed with retrospective effect---Employee may claim under the relevant law/rules to be considered for promotion when cases of other similarly placed employees are taken up but cannot compel the employer department to fill the promotion post nor to keep it vacant or under consideration---Question of promotion exclusively falls within the domain and jurisdiction of the competent authority and, ordinarily, a court or tribunal would not interfere, except when the designated competent authority has acted in violation of law, excess of jurisdiction or without jurisdiction---Competent authority is empowered to prescribe criteria and conditions relating to eligibility for promotion. Citation Name: 2024 PLC(CS) 18 SUPREME-COURTBookmark this Case FEDERAL PUBLIC SERVICE COMMISSION through Chairman, Islamabad VS SHIRAZ MANZOOR R. 7---Civil Servants Act (LXXI of 1973), S. 5---SRO No.338(I)/2009 dated 14.4.2009 ('SRO of 2009')---Post of 'Reader' in Federal Services Tribunal ('the Tribunal')---Appointment---Federal Service Tribunal ('Tribunal') directed that the rules whereby conditions were prescribed regarding the method, qualifications and manner for appointment against various posts, including the post of the 'Reader' [notified and published in the official gazette vide SRO No.338(I)/2009 dated 14.4.2009 ('SRO of 2009')] may be amended so that appointments made against the post of a Reader are exclusively through the mode of promotion from amongst those holding the post of Assistant---Legality---Appointment to the post of the Reader was not governed under any rules before framing and notifying the 'SRO of 2009' which had, for the first time, prescribed the criteria, conditions, qualifications and mode for filing the five sanctioned posts of Readers in the Tribunal---There was no vested right that had accrued in favour of the respondents, working against the post of Assistant, to be appointed to the post of the Reader through promotion nor to take away the prerogative of the competent authority to formulate a recruitment and selection process relating to the post of the Reader---Question of alteration of a right to their detriment or disadvantage did not arise---Tribunal had transgressed its jurisdiction by questioning the policy formulated by the competent authority and substituting it by its own---Rules notified vide the SRO of 2009 were competently framed, without prejudicing vested rights and, therefore, they could not have been ordered to be modified by the Tribunal---Impugned judgment of the Tribunal was set aside with the direction that the Commission shall be at liberty to fill the vacancies in accordance with the mode of appointment prescribed under the SRO of 2009---Petitions for leave to appeal were converted into appeals and allowed.

FEDERAL PUBLIC SERVICE COMMISSION through Chairman, Islamabad vs SHIRAZ MANZOOR Promotion — 2024 PLC(CS) 18 SUPREME-COURT

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