The promotion of civil servants in Pakistan is governed by Section 9 of the Civil Servants Act, 1973. This article aims to provide a brief overview of the legal aspects related to promotions in the civil service. It will discuss the eligibility criteria, the distinction between selection and non-selection posts, and the role of assessment boards. Additionally, it will highlight relevant court cases that shed light on specific situations and provide insights into the interpretation of the law.
Eligibility for Promotion: According to Section 9(1) of the Civil Servants Act, a civil servant who possesses the prescribed minimum qualifications is eligible for promotion to a higher post within their respective service or cadre. However, the availability of promotion is subject to the rules governing departmental promotions. It is important to note that certain high-ranking positions, such as Additional Secretary and Senior Joint Secretary, may be filled through promotion from specific posts, while the position of Secretary may be filled from officers holding posts in Basic Pay Scale 21.
Selection and Non-Selection Posts: Section 9(2) of the Act differentiates between selection and non-selection posts. In the case of selection posts, promotions are based on merit, and candidates are chosen through a selection process. On the other hand, promotions in non-selection posts are based on a combination of seniority and fitness.
Role of Selection Boards: The Act further specifies that promotions to posts in Basic Pay Scales 20 and 21 (or equivalent) are made on the recommendations of a Selection Board. The Selection Board consists of a Chairman and other members appointed by the federal government. The Board plays a crucial role in assessing the eligibility and suitability of candidates for promotion to higher positions.
Case Precedents: Several court cases have provided valuable insights into the legal aspects of promotions. For instance, it has been established that the grant of move-over from one pay scale to another is contingent on the assessment of Annual Confidential Reports (ACRs). Average ACRs, unless specifically treated as adverse, are considered as generally good reports, entitling the civil servant to move-over.
Additionally, courts have emphasized that promotions are not an inherent right of civil servants. The decision to promote is within the discretionary power of the competent authority, based on considerations of public interest and merit. The Service Tribunal has jurisdiction over eligibility-related matters, but questions of fitness and subjective evaluation fall outside its purview.
Conclusion: Understanding the legal framework governing promotions in the civil service is essential for both civil servants and employers. The Civil Servants Act, 1973, provides the foundation for the promotion process, outlining eligibility criteria, the distinction between selection and non-selection posts, and the role of Selection Boards. By studying relevant court cases, we can gain insights into the interpretation of the law and its application to specific situations. As promotions are subject to discretion and various factors, seeking professional legal advice, such as that offered by Josh and Mak International, can be invaluable in navigating the complexities of the promotion process in Pakistan.
The promotion of Civil Servants is governed by section 9 of the Civil Servants Act, 1973.
The section states that ;
Section 9 (1) A civil servant possessing such minimum qualifications 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 –
(a) Additional Secretary and Senior Joint Secretary may, in the public interest, be filled by promotion from Substituted by the basis, posts in Basic Pay Scale 20; and
(b) 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.
(2) A post referred to in sub-section (1) may either be a selection post or a non-selection post to which promotions shall be made as may be prescribed-
(i) In the case of a selection post, on the basis of selection on merit; and
(ii) In the case of a non-selection post, on the basis of seniority-cum-fitness.
[(3) Promotion to posts in basic pay scales 20 and 21 and equivalent shall be made on the recommendations of a Selection Board, which shall consist of a Chairman, and such other members as the federal government may by notification in the official gazette, appoint.]
Case Notes:
ACRs: Grant of Move-Over from B.P.S. 17 to B.P.S. 18:
- Move-over from B.P.S. 17 to B.P.S. 18 was denied to the appellant based on average ACRs during the last five years.
- The validity of average ACRs: Average reports, in the absence of adverse remarks, should be considered as “generally good” for move-over purposes.
- Average reports not adverse: Unless specifically treated as adverse and conveyed to the civil servant, average reports cannot be treated as adverse.
- Deemed move-over: Appellant, having earned average reports, should be deemed to have been granted move-over from B.P.S. 17 to B.P.S. 18 with effect from the specified date. [PLJ 2000 Tr.C. (Services) 328]
Denial of Promotion:
- Necessary parties: Junior employees who were promoted were not made parties to the appeal, although they were necessary parties.
- Vague and ambiguous appeal: The appeal was drafted vaguely, causing confusion.
- Evaluation for promotion: The question of eligibility is within the jurisdiction of the Service Tribunal, while the question of fitness is subjective and not under the Tribunal’s purview.
- Validity of denial: The record clearly indicated that the appellant was superseded for valid and cogent reasons. [PLJ 2000 Tr.C. (Services) 354]
Entitlement to Ante-Dated Promotion:
- Ante-dated promotion: The civil servant claimed ante-dation of Selection Grade based on a Finance Division’s notification.
- Comparison of claims: The civil servant’s claim appeared just and legal compared to the respondent’s claim.
- Impartial consideration of government rules: Government rules need to be considered impartially, irrespective of status or rank, to grant benefits to eligible individuals.
- Directive for consideration: Authorities were directed to consider the civil servant’s case for the grant of Selection Grade in B.P.S. 17 if found eligible from the due date. [1999 Tr.C. (Services) 193]
Principles Governing Rules of Seniority:
- Principles governing rules of seniority for civil servants:
- Preparation of a seniority list by the appointing authority is a statutory requirement.
- The claim to a particular seniority is not a vested right.
- Seniority of civil servants is determined as per the rules.
- Authority for a civil servant’s initial appointment is determined by the rules.
- Seniority of promoted civil servants is reckoned from their regular appointment to the higher post.
- Civil servants promoted in one batch retain their inter-se seniority from the lower post. [PLJ 1997 SC 393]
Promotion Criteria – Selection Post vs. Non-Selection Post:
- In the case of a “selection post,” promotion is based on merit, while in a “non-selection post,” promotion is based on seniority-cum-fitness.
- No right to demand promotion: Civil servants cannot demand promotion as a right; it is at the discretion of the Government Executive Authority.
- Competent authority for promotion: Criterion for promotion rests upon the decision of the competent authority.
- Promotion denied based on merit: The appellant was not recommended for promotion due to valid reasons, including a blemished record and unsatisfactory ACRs. [PLJ 2003 SC 653]
Appointment Dispute:
- Acceptance of writ petition: The appellant’s appointment as In-charge of Muzaffarabad Division of Forest Department was challenged.
- Legality of appointment: The appellant belonged to the prosecution branch in grade 17 and was not qualified for the position of Assistant Conservator of Forest.
- Direction from the High Court: The direction to allow the appellant to occupy the office forthwith did not fall under the writ of quo warranto. [PLJ 1993 SC (AJK) 1]
Promotion Eligibility and Fitness:
- Jurisdiction of Service Tribunal: The Tribunal has jurisdiction over questions of eligibility related to terms and conditions of service.
- Limited jurisdiction: Questions of fitness are subjective evaluations and not within the Tribunal’s jurisdiction.
- Evaluation of promotion case: The appellant’s case was considered for promotion, but he was not found fit and was dropped.
- Service Tribunal’s role: The Tribunal should not sit in judgment over the reasons given by the Selection Board for superseding the appellant.
- Supersession for valid reasons: The record indicated that the appellant had been superseded for valid and cogent reasons. [PLJ 2000 Tr.C. (Services) 333]
Right to Be Promoted:
- No vested right to promotion: Promotion to any post is not a vested right of a civil servant.
- Government’s discretion: The competent authority can promote officers to vacant posts in the public interest, and no one has a vested right to be promoted when others have not been promoted.
- Right to be considered for promotion: A civil servant can request to be considered for promotion when suitable candidates are not available for initial recruitment.
- Appointment on contract basis: Appointing a candidate on contract basis when qualified civil servants are available is a violation. [PLJ 2000 Tr.C. (Services) 338]
Conditions of Eligibility for Promotion:
- Conditions for promotion eligibility for a civil servant to a higher post:
- Possession of minimum qualifications prescribed for the post.
- Promotion reserved for departmental promotions in the cadre or service.
- Promotion to selection posts based on merit.
- Promotion to non-selection posts based on seniority-cum-fitness.
- Seniority of departmental promotees: The seniority of departmental promotees is determined from the date of their regular appointment to the post. [PLJ 1997 SC 393]
Conclusion: The case notes provide summaries of various legal cases related to promotions, denial of move-over, eligibility criteria, and conditions for promotion in civil service. The principles governing rules of seniority and the jurisdiction of the Service Tribunal in promotion disputes are also discussed. The case notes highlight the importance of objective evaluation and adherence to government rules in matters of promotions and appointments.
