PESHAWAR: Peshawar High Court has set aside rejection of the promotion case of a senior cardiologist by government and directed provincial selection board (PSB) to reconsider his promotion to BPS-21 on meritorious service.

A bench consisting of Justice Ijaz Anwar and Justice Qazi Jawad Ehsanullah ruled that since the petitioner, Dr Fauzullah Farooq, had been retired, his promotion, if approved, should be granted on basis as if he had been promoted at the time the vacancy had occurred.

The bench also decided that Dr Fauzullah would be entitled to all back benefits and retirement perks of BPS-21.

Advocate Nouman Muhib Kakakhel appeared for the petitioner and argued that his client had been unfairly denied promotion despite fulfilling the required criteria.

He said that a post in BPS-21 of district chief specialist had become vacant after the retirement of the then incumbent and the petitioner’s name, along with two other doctors, was recommended by provincial health department.

He stated that his documents were duly processed and cleared by the relevant regulation wing for placement before the special selection committee. However, he said that despite scoring 75.27 per cent marks, exceeding the 75 per cent eligibility threshold, his case was wrongly rejected due to a miscalculation and malice.

The bench, after reviewing the records, found that the special selection committee had overstepped its authority by not only miscalculating the petitioner’s marks but also by making a final determination on his eligibility, which was beyond its jurisdiction.

The bench observed that as per the government’s promotion policy, the committee’s role was limited to evaluating the service contributions of candidates and assigning marks, after which the case was required to be forwarded to PSB for final consideration. The bench declared that the special selection committee’s findings from its Aug 2, 2023, meeting were unlawful and directed the authorities to present the petitioner’s case before PSB within two months.

Published in Dawn, February 23rd, 2025