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ISLAMABAD, Nov 07 (APP):The Supreme Court of Pakistan on Friday has upheld a decision of the Khyber Pakhtunkhwa Service Tribunal, ruling that delays in the departmental promotion process cannot be attributed to employees.
The judgment, authored by a bench headed by Justice Musarrat Hilali, dismissed two appeals (Civil Petitions 700-P and 701-P of 2024) filed by the Khyber Pakhtunkhwa Communication and Works Department. The appeals challenged the Tribunal’s verdict granting promotion rights to two sub-engineers, Inayatullah and Samiuddin, to the post of Assistant Engineer (BPS-17).
The Court noted that both employees were appointed in 1986 as Sub-Engineers (BPS-12) and later upgraded to BPS-16. Their promotion process was delayed when the Departmental Promotion Committee meeting was postponed, citing pending new promotion rules.
The Supreme Court ruled that employees who qualify for promotion under existing rules cannot be deprived of that right due to subsequent rule changes. Departmental delays, it said, cannot be used against employees.
The judgment added that amendments in laws or rules apply prospectively unless expressly made retrospective.