FEDERATION OF PAKISTAN and others vs MUMTAZ ALI KHAN
This matter concerns a petition for leave to appeal filed by the Federation of Pakistan challenging a decision of the Service Tribunal. The core legal question is whether a civil servant possessing only 'average' performance reports can be declared fit for promotion or entitled to 'move-over' to a higher scale simply because a Reporting or Countersigning Officer remarked that the individual is fit for promotion on their turn. The petitioner contends that actual promotion or move-over is contingent upon a broader assessment by the Departmental Promotion Committee or Selection Board, guided by the government's Promotion Policy and specific 'Guidelines for submitting move-over cases' which require 'generally good' confidential reports for move-over to scales 19 and 20. The Supreme Court found that the question raised requires further consideration and granted leave to appeal. Consequently, the Court suspended the operation of the impugned order of the Service Tribunal pending the final adjudication of the matter.
- Can a civil servant with only average performance reports be declared fit for promotion based solely on a remark by a Reporting or Countersigning Officer?
- Is a civil servant entitled to 'move-over' to higher scales if their confidential reports are not 'generally good'?
ORDER
1. ' NASIM HASAN SHAH, J.---The question involved in this case is whether a civil servant with average reports can be declared fit for promotion merely because the Reporting/Countersigning Officer has remarked that he is fit for promotion on his turn? The Service Tribunal has held that such a person, can be so declared and is accordingly entitled to "move-over". However, this view is contested by the Federation of Pakistan through this petition for leave to appeal.
2. ' In support of this petition it is submitted that the reports of the Reporting Officer about a civil servant being fit for promotion on his turn do not imply that he will necessarily be promoted. Actual promotion is ordered only after the Departmental Promotion Committee/Selection Board has determined the fitness of a civil servant for promotion on the basis of his overall reports and in accordance with the Promotion Policy of the Government. On the other hand, the Policy with regard to "Move-over" is contained in the Government of Pakistan, Finance Division (Regulation Wing)'s "Guidelines for submitting move-over cases of professional/technical categories". Herein, in Item 4(b) it is laid down that the employee will be allowed move-over to scales 19 & 20 if his confidential reports are generally good. As the respondent desired "move-over" to Scale 19, therefore, unless his confidential reports were generally good he was not entitled to the move-over.
3. The question raised requires consideration. .
4. ' Notice to the respondent in the stay application. Meanwhile, the operation of the impugned order of the Service Tribunal shall remain suspended.