Q Promotion in service is not a legal right of civil servant? Please comment.
Q is there any distinction between promotion and out of turn promotion of a civil servant
Service means being implied to serve another it implies submission to the will of another as to direction and control, to do work for another, determining factor to hold a person in a service of a body or authority implies subordination to that body or authority in a submissiveness to that authority amounts to service in law.
Civil servant:
A civil servant has been defined as a person who is a member of an All-Pakistan Service or of a civil service of the Federation, or who holds a civil post in connection with the affairs, but does not include,
- A person who is on deputation to the federation from any province or other authority;
- A person who is employed on contract, or on work-charged basis or who is paid from contingencies; or
- A person who is ‘worker’ or ‘workman’ as defined in the Factories Act, XXV of 1934), or the workman compensation act, 1923 (viii of 1923).
Promotion: The term promotion upgradation in service cadre. Promotion means the taking of further steps on a ladder of service. It is only where an employ after having gained experience in a particular post or having otherwise better qualified himself is appointed to a post is called promotion.
PLD 58 Lahore pg 370.
Promotion as define under section 9 of civil servant act is,
- A civil servant possessing such minimum qualification as may be prescribed shall be eligible for promotion to a higher post for the time being reserved under the rules for departmental promotion in the service or cadre to which he belongs,
Provided that the posts of:
- Additional secretary and senior joint secretary may, in the public interest, be filled by promotion from amongst officers of regularly constituted occupational groups and services holding, on regular basis, posts in Basic pay scale 20; and
- Secretary may, in the public interest, be filled by promotion from amongst officers of regularly constituted occupational groups and services holding, on regular basis, posts in basic pay scale 21,
In such manner and subject to such conditions as may be prescribed.
- A post referred to in sub-sec 1 may either be a selection post or non-selection post to which promotion shall be made as may be prescribed:
- In the case of selection post, on the basis of selection on merit; and
- In the case of a non-selection post, on the basis of seniority-Cum-fitness
- Promotion to posts is basic pay scales 20 and 21 and equivalent shall be on the recommendations of a selection Board which shall be headed by the chairman, Federal service commission.
In precise official terminology, promotion is defined as an advancement of an official from a lower to a higher post or grade against a vacancy specifically reserved for such advancement under the recruitment rule.
Promotion is to be done on the criteria of seniority-cum- fitness, Promotion is construed when a n officer or employ is upgraded or elevated with an increase in salary, benefits and facilities attract to the post or exercise of power in that capacity.
1999 PLC CS page 1306
The word promotion according to wilperse dictionary refers advancement or preferment for honors, dignity or rank. Promotion is not a vested right and one cannot claim as a fundamental right it is always subject to the authority.
PLD 1998 SC page 172.
No civil servant has a claim to ask a promotion as of right and giving or refusal of the promotion is a matter which is within the exclusive dictionary domain of the executive authority concerned in the matter. A person can simply ask to consider him for promotion but not as a matter of right.
Minor punishment: Does not stand in the way of promotion. 1986 PLC CS. 228.
Promotion is charge against regular charge promotion and not acting charge promotion i.e to promote a person to a post for temporary period. Also that Acting charge promotion cannot be included in seniority list.
Out of turn Promotion:
It has been laid down in section 8, of civil servant appointment, transfer and promotion rules that only such person as possess the qualification and meet the conditions laid down for the purpose of promotion or transfer to a posts shall be considered by the departmental promotion committee or the central selection board, as the case may be. The term of out of turn promotion to be ultra vires though there is subsiduary concept regarding promotion without qualification that is acting charge promotion. Also here to be noted that section 9 of a civil servant acting regarding out of turn promotion has been revoked.
2002 SCMR
