KARACHI: The Sindh High Court has directed the provincial government to promote a woman civil servant to grade-20 despite an inquiry instituted against her was pending disposal.

A two-judge bench headed by Justice Hassan Azhar Rizvi gave the order while hearing a constitutional petition filed by Lubna Salahuddin, a BPS-19 officer, whose promotion was not considered because of the inquiry instituted against her.

The petitioner, represented by Advocate Zamir Ghumro, named the chief secretary and the secretary of the services and general administration department as respondents.

The petitioner submitted that she was appointed assistant commissioner after qualifying the combined competitive examination conducted by the Sindh Public Service Commission in 1992.

She said that she was eligible for promotion to BPS-20 as she qualified for it in all respects that included the length of service, ACRs, qualification and experience.

The petitioner said that the respondents held a meeting of the Provincial Selection Board-I on Dec 5, 2012, for considering promotion of eligible officers to grade 20 but her promotion was deferred on the pretext of the inquiry although she had already been exonerated from charges in a subsequent report.

Her counsel contended that the reason on the basis of which the petitioner’s case for promotion was deferred was contrary to the principles of law settled by the superior courts. Advocate Ghumro pointed out that the government had time and again clarified that even the registration of a case against a civil servant did not justify withholding his or her promotion.

He recalled that the provincial law department in its letters dated May 9, 1997, and June 3, 2002, had already issued a specific direction in this regard. Even the enquiries and cases pending disposal with the National Accountability Bureau could not be taken as a reason to postpone the promotion of an eligible civil servant, argued the counsel.

He said that it was further clarified by the NAB chairman in his letter dated April 17, 2006, to the chairman of the Federal Public Service Commission and later it was recommended that all civil servants whose cases were pending trial with the NAB might be considered for posting or promotions on the basis of merit to give them a fair and just chance for progress. The petitioner requested the court to direct the respondents to consider the petitioner’s promotion to BPS-20.

Published in Dawn, December 26th, 2014