SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA COMMUNICATION AND WORKS DEPARTMENT, CIVIL SECRETARIAT, PESHAWAR

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SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA COMMUNICATION AND WORKS DEPARTMENT, CIVIL SECRETARIAT, PESHAWAR VS INAYAT ULLAH. Article 212(3) Constitution of Pakistan---Civil service---Promotion---Entitlement---Departmental Promotion Committee---Revision of promotion rules during deferred period of meeting---Effect upon pending promotion cases---Entitlement determined under earlier rules---Scope. The respondents were appointed as Sub Engineers in the year 1986 and were later upgraded to BPS-16 from BPS-12. Upon becoming eligible under the then applicable service rules, their working papers for promotion to the post of Assistant Engineer in BPS-17 were prepared, but the meeting of the Departmental Promotion Committee was deferred by the department on the ground that new promotion rules were under consideration. Subsequently, revised rules were notified, under which the respondents were declared ineligible for promotion. Their departmental appeals remained undecided, which compelled them to file service appeals before the Service Tribunal. The Service Tribunal allowed the appeals and held that the respondents were entitled to promotion in accordance with the rules applicable at the time they became eligible. The said judgment of the Service Tribunal was challenged by the department before the Supreme Court through petitions for leave to appeal. Held: The respondents had satisfied the eligibility criteria for promotion pursuant to the rules enforced at the time of their initial appointment. Consequently, their cases were fully ripe for consideration by the Departmental Promotion Committee. The subsequent delay in convening the meeting of the Departmental Promotion Committee was an administrative failure attributable solely to the department and could not be imputed to the respondents. The subsequently amended rules were to operate prospectively unless a contrary intention was manifestly evident from the statute. The question whether amended rules were to be applied retrospectively or prospectively was beyond the scope of the mandate of the Departmental Promotion Committee. The Departmental Promotion Committee also did not have the authority to delay the meeting while waiting for amendment of the rules. Leave was declined and the present petition was dismissed, in circumstances.

SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA COMMUNICATION AND WORKS DEPARTMENT, CIVIL SECRETARIAT, PESHAWAR vs INAYAT ULLAH — 2026 SCMR 558 SUPREME-COURT

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