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SC restores right of eligible govt employee to be promoted from day of first DPC meeting

Islamabad: Supreme Court (SC) while announcing on the matter of delay in the promotion of the government employees has restored the right of promotion of the eligible officer from the day of first Departmental Promotion Committee (DPC) meeting .

The court while nullifying the decision of Punjab Service Tribunal declared the promotion of government employee Mudassar effective from January 21, 2012. As per decision Punjab Service Tribunal had rejected promotion appeal by Fakhar Majeed.

The tribunal had taken the plea the employee is not entitled to the promotion from the date of vacancy arises .

The SC while rejecting this stance maintained the eligible government employee is entitled to promotion from the date of holding first departmental promotion committee meeting.

A 7-page written decision was issued by Justice Ayesha Malik Monday.

The case was heard by a bench comprising Justice Ayesha Malik, Justice Muhammad Hashim Kakar and Justice Ishtiaq Ibrahim.

The court told in its decision plea of the employee Fakhar Majeed was that his promotion be restored from the day of holding of first departmental promotion committee meeting.

The SC maintained the promotion is basic right of the government employees. The administrative failure or outcome of negligence should not be passed on to government employee at any cost.

The court remarked it is compulsory to include eligible government employee in the departmental promotion committee for timely promotion.

The punishment of administrative negligence or delay can not be given to the government employee.

The court further maintained the delay in promotion or negligence will not affect the right of government employee.

The SC directed government departments to ensure process of timely promotion.

It was said in the order that the employees cannot be punished due to administrative failure.