Introduction:
Promotion is the advancement of an official from a lower
post to a higher post or grade against a vacancy specifically reserved for such
advancement under the relevant recruitment rules. Every step in higher Position
ordered by the recommendation of the competent authority is a Promotion
[PLJ 2006 SC (AJ & K)] Page 34
Relevant Provisions / Laws:
Section (9) of the Civil Servants Act 1973 read with part
II of Civil Servants (Appointment, Promotion, And Transfer) rules 1973.
Cross Reference:
Section (9) of the Khyber Pakhtunkhwa Civil Servants Act
1973 read with KP (Appointment, Promotion, And Transfer) rules 1989.
Meaning of Promotion:
Promotion means move up to higher rank or position,
advancement.
Definition of Promotion:
Although the word “Promotion” is not defined anywhere in
Civil Servants Act 1973 but according to PLD 1958 Lahore 370. It means the
taking of further step on ladder. It is only when an employee after having
gained experience in a particular post or having otherwise better qualified
himself is appointed to a post which is regarded as a higher post in that
particular line that is called Promotion.
·
Promotion is defined in rule 1 of Kashmir
Services rules volume II as
“The appointment of a member of a Civil Service or a
class of Service in any category or grade to a higher category or grade of such
Service or class”
Essential Conditions for Promotion:
The essential conditions for
promoting a Civil Servant to a higher post or grade are as follows;
·
Post Must Be Reserved for Departmental
Promotion:
A post to which the Promotions of
a Civil Servant is to be made must be reserved under rules to be filled by
departmental Promotion.
·
Person Must Possess Minimum Qualification:
A person to be promoted to a
higher post or grade must possess the minimum qualifications prescribed for
that post.
·
Recommendation of Relevant Committee or
Board:
It is a mandatory requirement that
promotion should be made on the recommendation of the relevant Committee or
Board, i.e. Departmental Promotion Committee (DPC) and Provincial Selection
Board.
·
Passing of Test:
No person shall be promoted to a
higher post or grade unless he has passed such test as may be prescribed/specified
by the appointing authority for such Promotion.
Exception:
The
government may dispense with (Relax) the requirement of passing of test.
Basis of Promotion:
A post may either be a selection
post or a non-selection post to which the Promotion of a Civil Servant shall be
made.
·
Selection Post:
It refers to a post which requires
a special qualification or a particular experience. In such case, the basis for
Promotion shall be merit.
·
Non-Selection Post:
In case of non-selection posts,
the basis for Promotion shall be Seniority cum fitness. Fitness includes physical
as well as mental fitness. It requires that the state of a person shall be such
that it must not jeopardize the performance of a duty. For the determination of
the fitness of an employee, his Service record is to be considered up to the
date of Promotion.
Appointment by Promotion Shall Be on Probation:
According to section (6), section
(11) of Civil Servants Act 1973 read with rule (21) of the Civil Servants
(Appointment, Promotion, And Transfer) rules 1973.
An appointment by Promotion to a
post or grade shall be on Probation for one (1) year. The period of Probation
may be extended for a period nor exceeding one (1) year as may be specified at
the time of appointment.
Such Probationary period may be
curtailed for good and sufficient reasons. On successful completion he is
confirmed otherwise his Services is reverted back to his former post or grade
so long as he holds a lien against his former post.
Promotion Is Not A Legal Right / Vested Right:
No Civil Servant has a vested right to Promotion and the
giving or refused of Promotion is a matter which is well within the exclusive
discretionary domain of the executive authorities concerned in that matter. It
would be for the Government or the Promoting authority to determine such
suitability after an assessment of all relevant considerations such as
Seniority, Competence, Rectitude, Antecedent and official records, none of
which is less important than the other for preservation of purity and
efficiency in Civil Service.
Rectitude:
The quality if being honest and morally correct.
Antecedents:
Post conduct and character.
Right to Be Considered for Promotion:
The right to be considered for Promotion of a person
eligible is a vested right and he can enforce his right to be considered for
Promotion through filling an appeal. The person who possess the qualifications
and meet the conditions laid down for purpose of Promotion shall be considered
by the selection authority.
Difference Between Eligibility and Fitness For Promotion:
The eligibility of a Civil Servant
for Promotion implies that a person is legally qualified to be promoted and he
must be considered and it is within the ambit of Service tribunal
PLD 1997 SC 351.
Fitness for Promotion implies that
a Civil Servant must have satisfactory record of Service and it is a matter
which is not within the jurisdiction of Service tribunal and the jurisdiction
of High Court can be invoked in such matters 1994 PLC CS 1383.
Approval of Promotion from The Date of Recommendation:
The competent authority may
approve the Promotion of an officer or official from the date on which the
recommendation of the central selection board or Departmental Promotion
Committee (DPC) was made.
Promotee / Officer Who Expires or Superannuates After
Recommendation and Before Issuing of Notification:
The officer or official who
expires or superannuates after the recommendation of the central selection
board or Departmental Promotion Committee as the case may be and before the
issuing of the notification, shall stand exempted from the assumption of the
charge of the higher post. The principal accounting officer or the officer
authorized will give a certificate to the effect that the Promote/officer has
expired or superannuated.
Promotion on Acting Charge Basis:
According to rule 8-B of CS (A, P,
T) rules 1973. When a post is reserved under the rules for Departmental
Promotions and the most Senior Civil Servant belonging to the Cadre or Service
concerned who is otherwise eligible for Promotion does not possess the
specified length of Service the appointing authority may, in the Public
interest, appoint him to that post on acting charge basis. Acting charge basis
appointment shall be made against posts which are likely to fall vacant for a
period of six (6) months or more. Against vacancies occurring for less than six
months current charge appointment may be made.
Acting Charge Appointment Does Not Confer Any Right of
Regular Promotion and Seniority to The Post:
Acting charge appointment shall
not amount to appointment by Promotion on regular basis for any purpose
including Seniority, nor shall confer any vested right for regular Promotion to
the post held on acting charge basis.
Acting Charge Appoint on Post Reserved for Initial
Appointment In Excess Of Promotion Quota:
A post of BPS – 17 to 22 and
equivalent reserved for initial appointment under the rules where the
appointing authority is satisfied that no suitable candidate is available and
its expedient to fill the post. The authority may appoint to that post in the
acting charge basis the most senior officer otherwise eligible for Promotion in
the organization, Cadre, or Service in the excess of the Promotion Quota.
Conclusion:
To sum up, it can be concluded,
that Promotion is a further step on the ladder. A Civil Servant who possesses
minimum qualifications and has relevant experience or is otherwise better
qualified may be promoted to a higher post or grade but Promotion cannot be
claimed as a vested right, however, it is subject to the availability of post
and recommendation of the Departmental Promotion Committee (DPC) or selection
board as case the case may be.
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