SALEEM AKHTAR SIDDIQUI vs SHUJAH AHMED and others
This order arises from a contempt petition filed before the Supreme Court of Pakistan regarding the non-consideration and deferment of the petitioner's promotion to BPS-20. The Federal Service Tribunal had previously observed that the petitioner met the 70% mark promotion threshold, a decision upheld by the Supreme Court in Civil Petition No. 200 of 2006. Following earlier contempt proceedings where the Establishment Division promised consideration, the Central Selection Board (CSB) superseded the petitioner in February 2008 and deferred his case in July 2008 for lacking a full year's Performance Evaluation Report (PER). The petitioner contended that as an Officer on Special Duty (OSD), a PER was not required under Para 2.87 of the Guide to Performance Evaluation Report. The Supreme Court disposed of the contempt petition by directing the CSB to consider the petitioner's case for promotion in its upcoming meeting scheduled for November 2008.
- Whether the Central Selection Board can defer a civil servant's promotion for lack of a PER when the civil servant is posted as an Officer on Special Duty?
- Can the Supreme Court direct the Central Selection Board to consider a civil servant for promotion in a specific upcoming meeting to ensure compliance with its previous orders?
ORDER
' ABDUL HAMEED DOGAR, C.J.--- It is, inter alia, contended by Raja Muhammad Ibrahim Satti, learned Senior Advocate Supreme Court that it was observed by the learned Federal Service Tribunal in the impugned judgment dated 25-1-2006 that as per promotion policy the requirement is to score 70% marks, since petitioner had scored more than 70% marks as such was entitled for promotion in BPS-20 which observation was maintained by this Court in Civil Petition No,200 of 2006. According to the learned counsel through petitioner was qualified for promotion but his case was not placed in the meetings of the Central Selection Board held in August, 2006 and May 2007. Feeling aggrieved, he filed Contempt Petition No,69 of 2007 before this Court which was disposed of on 10- 1-2008 in following manner:- "The Secretary, Establishment Division present in person states that the case of petitioners is complete in all respects for placement before the Selection Board to be considered for promotion in pursuance of the order of this Court in the special or regular meeting whichever is earlier held and in any case, he will be considered in the regular meeting already scheduled to be held in February, 2008.
Learned counsel states in view of the direction of this Court the case of the petitioner was placed in the meeting of the CSB held on 11-2-2008 and was superseded as he had failed to meet the required aggregate threshold of 70 marks. The case of the petitioner was again placed in the meeting held on 17-7-2008 and was deferred on the ground that he has not yet earned PER for one full year after his supersession on 11-2-2008. Learned counsel stated that since petitioner was posted as OSD, therefore, PER is not required under Para 2.87 of Guide to Performance Evaluation Report.
2. In view of above, we direct Central Selection Board to consider the case of petitioner in its meeting going to be held in November, 2008. Accordingly, the contempt petition is disposed of.