MUHAMMAD ABDULLAH Versus UNIVERSITY COLLEGE OF ENGINEERS, TAXILA
The petitioner, a Lecturer Assistant who served in Grade-11 for over ten years and subsequently obtained Selection Grade-17, grievance is that he was denied promotion against the post of Laboratory Supervisor Grade-16 within the sixty-seven percent quota. Instead, respondent No. 3 was brought from another department and posted as a temporary arrangement, which had been continuing for six years while the petitioner had six years remaining before superannuation. The core legal question is whether the petitioner is entitled to promotion against the quota post and whether the prolonged temporary arrangement denying such promotion is valid. The Supreme Court of Pakistan granted leave to appeal to consider the contentions raised by the petitioner regarding his promotion entitlement. The key principle laid down is that prolonged temporary appointments cannot indefinitely frustrate the promotion rights of eligible departmental candidates entitled to quota posts.
- Whether an eligible employee is entitled to promotion against a quota post instead of a prolonged temporary arrangement?
- Can a temporary appointment from another department continue indefinitely to the detriment of departmental promotees?
ORDER
The petitioner is Lecturer Assistant and was initially so appointed in Grade‑11 in which he served for more than ten years and then got Selection Grade‑17. In that grade he had served for more than five years. The grievance of the petitioner is that against the post of Laboratory Supervisor Grade‑16, he is entitled to be promoted within sixty‑seven per cent. quota but is denied that promotion and against that post respondent No. 3, Muhammad Anwar Hussain, is brought from another department and posted as temporary arrangement. The petitioner is informed that his grievance would be valid only when permanent appointment against that post is made. In the circumstances, it is contended that this temporary arrangement, has been continuing for last six years and petitioner has another six years to serve before he attains the age of superannuation.
2. Leave is granted to consider the case in the light of the contention raised by the petitioner.
A.A./M‑3283/S Leave granted.