Administrative convenience no substitute for law: SC restores EST promotion

ISLAMABAD, Oct 06 (APP): The Supreme Court has held that the 2014 Service Rules of the Punjab School Education Department clearly provide for promotion of an Elementary School Teacher (Physical Education) to the post of Assistant Education Officer (Physical Education), and administrative convenience cannot be used to deprive an employee of a lawful promotion.

A two-member bench comprising Justice Ayesha A. Malik and Justice Shahid Waheed converted Muhammad Shafiq’s civil petition into an appeal and allowed it, setting aside the March 12, 2025 judgment of the Punjab Service Tribunal.

The court also set aside the Education Department’s May 24, 2023 order withdrawing Shafiq’s promotion and declared him entitled to all consequential financial benefits from the date of withdrawal.

The court observed that under the 2014 Rules, an EST (Physical Education) possessing the requisite qualifications could be promoted to AEO (Physical Education), with promotion based on seniority-cum-fitness.

It clarified that a note providing for filling the AEO post from among Secondary School Teachers through transfer did not bar promotion of EST (Physical Education). Since both posts were in BS-16, such movement constituted transfer for administrative purposes rather than promotion.

The court noted that Shafiq had been serving in the Education Department since 1995 and was the senior-most EST (Physical Education) eligible for promotion, but his promotion was withdrawn on the basis of an interpretation of the explanatory note.

The Supreme Court held that ambiguity in rules could not be used to deprive an employee of a lawful right. It stressed that matters relating to salary, seniority and promotion were fundamental aspects of a government servant’s service rights.

The court accordingly restored Shafiq’s promotion and ordered payment of all consequential financial benefits.