Concept of Pro- Forma Promotion|Adv Allah Nawaz Khosa

Promotion - No selection post - though eligibility for promotion of a civil servant can be subjected to judicial scrutiny by the Service Tribunal as it relates to terms and conditions of a civil servant yet, the question of fitness of a civil servant for promotion is barred from its jurisdiction. [PLJ 2009 SC 10, PLD 1994 SC 539, 2007 SCMR 682, 1972 SCMR 323, 1991 SCMR 1129, 1996 SCMR 324] Promotion may be a question falling within the exclusive domain of the Service Tribunal. The question of suitability and fitness for promotion to a post was expressly excluded from the jurisdiction of tribunal and under the domain of High Court. [PLJ 2007 SC 602] Promotion in case of selection posts i.e. BPS-19 and above is to be made on basis of "fitness cum seniority" meaning thereby that in the earlier case is BPS-18 and below, seniority would be considered first and the fitness of the employee would be adjudged later, whereas, coutrary thereto, in the case of selection posts ie BPS-19 and above, fitness of an employee would be adjudged first and his seniority would be considered later, for instance, if two equally fit employees are selected by the Board then senior amongst them would be given preference. [PLJ 2009 SC 10] Authorities had promoted 71 senior teachers / Headmasters and Headmistresses against the post in question in accordance with recruitment rules......Authorities thereafter had sent requisition of 29 vacancies of Principles / Headmasters / Headmistresses / Senior Teachers and Instructors (BS-18) to Public Service Commission for initial Appointment. Petitioners employees had no locus standi to seek promotion against the posts in questions as vacancies/posts meant for promotion quota had already been exhausted. [2019 PLC (CS) 114 #laborlaws #lawyersofpakistan #jobcontracts #servicelaws #careerprotection #workplaceregulations #employeerights #employmentlaws #criminalcase #employmentlaw