MUHAMMAD ABDULLAH vs UNIVERSITY COLLEGE OF ENGINEERS, TEXILA And Others
The petitioner, a Lecturer Assistant, challenged the denial of his promotion to the post of Laboratory Supervisor (Grade-16), claiming entitlement under a sixty-seven percent promotion quota. The petitioner had served for over ten years in Grade-11 and subsequently over five years in Selection Grade-17. His grievance arose because respondent No. 3, an employee from another department, was appointed to the Laboratory Supervisor position as a temporary arrangement. The petitioner contended that this temporary arrangement had persisted for six years, effectively blocking his promotion, and that he had only six years of service remaining before superannuation. The petitioner sought redress against the denial of his promotion rights and the prolonged nature of the temporary appointment of the respondent. The Supreme Court granted leave to appeal to consider the validity of the petitioner's contentions regarding his promotion entitlement and the impact of the long-standing temporary arrangement on his career progression, specifically examining whether such an arrangement could indefinitely preclude a qualified candidate from promotion within the prescribed quota.
- Can a temporary appointment to a promotional post be maintained for an extended period if it effectively blocks the promotion of a qualified candidate within the prescribed quota?
- Does a long-standing temporary arrangement in a promotional post create a valid grievance for an employee entitled to promotion under a specific quota?
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.