MUHAMMAD IDRIS vs FEDERATION OF PAKISTAN through Secretary Establishment, Establishment Division, Islamabad Re

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MUHAMMAD IDRIS VS FEDERATION OF PAKISTAN through Secretary Establishment, Establishment Division, Islamabad Retrived officer---Pro forma promotion---Promotion of the officer with effect from the date when vacancy occurred---Scope---Petitioner after having served the Pakistan Academy for Rural Development ('Academy') retired from service on 31-08-2022 as Personal Secretary to Director General (BS-17)---Petitioner claimed promotion with effect from the date when he was the only eligible candidate for promotion---Validity---Promotion was the only mode on the basis of which the post of Personal Secretary to Director General was to be filled in---Record revealed that the post of Personal Secretary to Director General (BS-16) was vacant since 01-10-2001 in view of the retirement of its incumbent---At said relevant time, the petitioner was at Serial No.3 after two Senior Scale Stenographer (BS-16), while petitioner was holding the post of Stenographer (BS-15)---However, the senior most Stenographers had given written consent to forego the promotion, but, instead of filling the post-in-question by promotion, said post was filled in through deputation and some official was posted/transferred to the post of Personal Secretary to Director General w.e.f 01-01-2002---Later, one of the officers, who had earlier given written consent of foregoing promotion , was promoted to the post of Personal Secretary to Director General w.e.f 23-06-2004---Said officer stood retired from service w.e.f. 06-02-2015 and at the relevant time, the petitioner was on the top of the seniority list, however, he was not allowed promotion and on his repeated representations, ultimately, on 12-06-2020, he was allowed promotion to the post of Personal Secretary to Director General (BS-17) with immediate effect---Interestingly, promotion case of the petitioner was not processed in time on the only ground that he had failed to appear in the short hand proficiency test, however, the record (note-sheet etc.) spoke otherwise---In the year 2001, when the petitioner was the only eligible candidate and was recommended for promotion, he was deprived illegally by filling the post of Personal Secretary to Director General through deputation---Subsequently again when his immediate senior who opted for promotion and was allowed promotion and retired from service in the year, 2015, the promotion of the petitioner was unnecessarily delayed for five long years which was violative of his vested rights which had matured by dent of his service record, seniority and consistent recommendations for his promotion by his immediate officers---On the retirement of petitioner's immediate senior Personal Secretary to the Director General, on 06-02-2015, the said post became vacant and as such, the necessary exercise for consideration for promotion of the petitioner should have been carried out urgently, but by not doing the same he was deprived from the pay etc. of the higher post and thereby deprived higher pay scale---Since the petitioner had ultimately been promoted, the High Court directed that the petitioner be allowed proforma promotion with all arrears and back benefits from the date when the vacancy occurred (the date of availability of the post of Personal Secretary to Director General) i.e. 07-02-2015---Constitutional petition filed by the retired officer, for his proforma promotion, was allowed accordingly.

MUHAMMAD IDRIS vs FEDERATION OF PAKISTAN through Secretary Establishment, Establishment Division, Islamabad Retrived officer — 2024 PLC(CS) 386 PESHAWAR-HIGH-COURT

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