4965/2023 Const. P. Saleem Khan (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 24-JAN-25
It is well-settled that while considering the case of regular promotion of civil servants, the competent authority has to consider the merit of all the eligible candidates and after due deliberations, to grant promotion to such eligible candidates who are found to be most meritorious amongst them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was ignored by the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy on the part of the respondent department. 14. In the light of the position explained above, it is concluded that a civil servant has a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the length of service or in the form of inquiry and departmental action was so taken against his right of promotion.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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