Bench: Justice Muhammad Junaid Ghaffar, Justice Sana Akram Minhas
Case: Zakir Hussain Samo v. Province of Sindh & Others (Const. Petition No. D-6200 of 2022)
Background
The Sindh High Court (SHC) has allowed a constitutional petition filed by a government officer seeking pro forma promotion after retirement, holding that administrative lapses cannot deprive a civil servant of their right to be considered for promotion.
The petitioner, Zakir Hussain Samo, filed the case just eight days before his retirement, arguing that he was eligible for promotion to Grade-19 as a post had been sanctioned in the budget 2022–23, but the Departmental Promotion Committee (DPC) failed to meet due to non-finalization of rules.
Petitioner’s Arguments
- He was senior-most (Serial No.1) in the final seniority list of BS-18 officers.
- A new post of Additional Director (BS-19) had been created while he was still in service.
- Despite repeated requests, his promotion case was never placed before the DPC.
- Since the delay was purely administrative, he was entitled to pro forma promotion with consequential benefits.
Respondents’ Position
- The government contended that:
- The Grade-19 post was not yet operationalized.
- No vested right to promotion exists in law.
- The proper forum for redress was the Service Tribunal under Article 212 of the Constitution.
Court’s Findings
The SHC held that:
- Right to be considered: While promotion itself is not a vested right, every eligible officer has a right to be considered.
- Administrative lapse: The delay in framing promotion rules and convening the DPC was not the petitioner’s fault.
- Pro forma promotion: When retirement occurs without consideration due to administrative delay, courts can order pro forma promotion.
- Tribunal bar not applicable: Since no final departmental order was ever passed, the petitioner could not approach the Service Tribunal, making the constitutional petition maintainable.
Decision
- Petition allowed.
- SHC directed that the petitioner’s eligibility be assessed for pro forma promotion to Grade-19.
- If found eligible, he shall be promoted with all consequential benefits.
Key Legal Takeaways
- Pro forma promotion is a judicial safeguard against loss of seniority due to departmental delay.
- Government employees have a legitimate expectation of timely consideration for promotion.
- Courts can intervene under Article 199 when service tribunals lack jurisdiction due to absence of a final departmental order.
