MUHAMMAD SALEEM AWAN vs NATIONAL BANK OF PAKISTAN art — 2024 PLC(CS) 607 PESHAWAR-HIGH-COURT

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MUHAMMAD SALEEM AWAN VS NATIONAL BANK OF PAKISTAN art. 199---National Bank of Pakistan (Staff) Service Rules, 1973---Bank employees---annual Performance appraisal Policy/System of Bank---Criteria---Constitutional jurisdiction of the High Court, invoking of---Scope---Rating , expunging / altering of---Vested rights of bank officer(s)---Scope---Petitioners (bank employees serving as aVP, OG-I) invoked constitutional jurisdiction of the High Court seeking directions against the respondents (Bank/Employer) to expunge their Rating-C from the annual Performance appraisals (aPRs), and to upgrade / restore Rating-a---Validity---Record revealed that the grading of petitioners had been lowered by the countersigning authority but while lowering their grading, they had not been given any adverse entries in their aPRs---It was just a matter of grading good or excellent for which they had provided Grades from 1 to 5 in their aPR System---None of the entries in the aPRs of both the petitioners could be termed as adverse entry---How much better performance had been delivered by which of the employees was supposed to be judged by the Institute itself---Immediate appraisal Officer had, no doubt, given better grading to both the petitioners but the countersigning authority also had its due role in the aPR devised and adopted by the Bank---While adopting aPR they had provided a sort of competitive mechanism, where employees in the bank were supposed to be tested on the touchstone provided therein---Bank/respondents had given structured policy for aPR of their officers wherein different Bank Officers (General Managers, Regional Head, Group Chiefs) had been assigned different roles/responsibilities, and in such process/roles, none of the fundamental rights of the petitioners were found violated---Petitioners did not have vested right to be retained in same category in which report of the immediate supervisor had placed them---Criteria devised was of such a nature that the same had been competitive and performance was to be comparatively evaluated at functional levels---In such a process, finality would naturally be attached to the valuation conducted at the office of functional Group Chiefs at Head Office---No mala fide or ill-will could be pointed out by the petitioners---None of their fundamental or legally justiciable right was found violated---Categorization of petitioners had also been according to aPR System---appraisal of the bank officers was internal matter of the bank in which the High Court could not interfere in exercise of its constitutional jurisdiction---Constitutional petition filed by the bank Officers , was dismissed, in circumstances.

MUHAMMAD SALEEM AWAN vs NATIONAL BANK OF PAKISTAN art — 2024 PLC(CS) 607 PESHAWAR-HIGH-COURT

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