The Supreme Court on Monday delivered a major ruling on the promotion of government employees, restoring the right of eligible officers to be promoted from the date of the first Departmental Promotion Committee (DPC) meeting.
Announcing its verdict in a case related to delay in promotions, the apex court set aside the decision of the Punjab Service Tribunal and declared the promotion of government employee Fakhar Majeed effective from January 21, 2012.
According to the judgment, the Punjab Service Tribunal had earlier dismissed Fakhar Majeed’s appeal, holding that an employee was not entitled to promotion from the date a post fell vacant. The Supreme Court rejected this interpretation and ruled that an eligible government servant has the right to promotion from the date the first DPC is convened.
The seven-page written judgment was authored by Justice Ayesha Malik. The case was heard by a three-member bench comprising Justice Ayesha Malik, Justice Muhammad Hashim Kakar and Justice Ishtiaq Ibrahim.
The court noted that Fakhar Majeed had requested that his promotion be restored from the date of the first departmental promotion committee meeting. Accepting his plea, the court held that promotion is a fundamental right of a government employee.
The judgment stated that administrative negligence or delay should not, under any circumstances, be allowed to harm an employee. The court emphasised that eligible officers must be considered for timely promotion by the departmental promotion committee and that employees cannot be penalised for administrative failures.
The Supreme Court further ruled that delays or negligence in the promotion process would not affect an employee’s vested rights. It directed government departments to ensure timely completion of promotion processes, observing that employees cannot be punished for shortcomings on the part of the administration.
