FAHEEM ARSHAD vs MANZOOR-UL-HAQ S — 2025 PLC(CS) 1296 SUPREME-COURT

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FAHEEM ARSHAD VS MANZOOR-UL-HAQ S. 23(i)---Punjab Provincial Management Service Rules, 2004, Cl.2(a), Column-7, Sched. I---Consideration for promotion to the posts of Provincial Management Service (PMS) Officers (BS-17) amongst Tehsildars ("Promoted Tehsildars" and "Inducted Tehsildars")---Amendment in the method of recruitment while removing the condition of 5 years' service only for "Promoted Tehsildars"---Process of consideration of cases of promotion of "Promoted Tehsildars" was halted by the Punjab Service Tribunal through its injunctive order---Validity---Promotee Tehsildars' consideration of promotion as PMS Officers could not be indefinitely placed in abeyance---Vacant posts must be filled in accordance with the prescribed method of appointment at the earliest---Process of the promotion could not be halted at the instance of the Inducted Tehsildars for the simple reason that when the Inducted Tehsildars were directly appointed in the year 2022, the notification dated 21.08.2019 had already been issued---Inducted Tehsildars were aware or expected to be aware of their terms and conditions of service to be governed by the Rules of which the amendment made in Sched-I to the Rules through notification dated 21.08.2019 was an integral part---They joined service knowing fully well the adverse effect of the notification on their promotion prospects, thus, unless and until and if at all the amendments brought about in Sched-I to the Rules through the notification were declared ultra vires by a competent court/tribunal or the said notification was withdrawn on the basis of the Governor reversing the amendment made in the method of promotion of Tehsildars as PMS Officers contained in Sched-I to the Rules, the process of promotion could not be halted---Public sector employment in Pakistan was a significant source of financial stability for many households---Prolonged vacancies not only limit their employment opportunities but also diminish public confidence in government institutions---Practice of routinely leaving posts in public institutions unfilled undermines the very rationale of sanctioned strength---If a post is not needed, it should be abolished through proper procedure; but if it has been duly approved and budgeted, it must be filled without undue delay---Keeping a post vacant hampers the functioning of public institutions and is not conducive to the maintenance of efficiency of administration---Objective of timely promotions of eligible employees in various public institutions can be achieved only by convening of meetings of DPCs---Timely filling of vacant posts is not only an administrative imperative but is essential for maintaining the integrity, efficiency and responsiveness of public institutions---Petition was converted into appeal and was allowed in terms that the process for promotion of Tehsildars as PMS Officers already initiated may continue unless amendment made in the Rules through notification was withdrawn by the Governor.

FAHEEM ARSHAD vs MANZOOR-UL-HAQ S — 2025 PLC(CS) 1296 SUPREME-COURT

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