๐๐ ๐ ๐๐๐๐๐ง๐๐ฒ ๐ข๐ง ๐ ๐๐ฎ๐๐ฅ๐ข๐ ๐๐จ๐๐ฒ ๐๐จ๐ง๐ญ๐ข๐ง๐ฎ๐๐ฌ ๐ญ๐จ ๐๐ฑ๐ข๐ฌ๐ญ, ๐๐ญ ๐๐ฎ๐ฌ๐ญ ๐๐ ๐ ๐ข๐ฅ๐ฅ๐๐ ๐ ๐จ๐ซ๐ญ๐ก๐ฐ๐ข๐ญ๐ก: ๐๐
Honorable Justice Mansoor Ali Shah of the Supreme Court held in a recent promotion case that if a vacancy exists in a public body, it must be filled forthwith because the performance and efficiency of a public institution is always corelated with human resources. If there is no legal and cogent constraint, no vacancy shall be left vacant.
It was held in the background of a case where the petitioner was not considered for promotion despite the fact that there was a vacancy and that person was fully eligible for the promotion. The vacancy was left vacant and the petitioner was not considered for promotion timely. This case reached the Supreme Court and the Court emphasized timely promotion and filing the vacant positions in a public institution. The most relevant paragraph of the judgment is reproduced below:
“9. It is a settled principle of public administration that every sanctioned post within a government department or public institution exists to serve a defined functional need and must be filled promptly upon falling vacant. So long as the post continues to exist and has not been formally abolished or frozen pursuant to a lawful policy decision such as due to budgetary constraints or other demonstrable administrative exigencies, it must be filled within a reasonable time. Unjustified delays in this regard not only disrupt the efficient functioning of the institution but also weaken its service delivery capacity. Vacancies, when left unattended, often lead to informal arrangements and ad hoc delegations of authority that foster opacity, enable nepotism, and corrode the principles of merit and transparency.”
The Court allowed the petition and the petitioner was promoted with all arears and seniority to the post from the date when the vacancy became available. The Court also held that promotion of a civil servant must be considered from the date when the vacancy became available.
c.p._2258_2023
