PESHAWAR: The Khyber Pakhtunkhwa Service Tribunal has ordered the provincial government to consider a former engineer of the communication and works department for promotion to BPS-18.

Tribunal members Rashida Bano, Zeba Rasheed and SM Farrul Saqlain directed the government to consider appellant Shaukatullah Shah for “proforma promotion” from July 9, 2021, the date when working paper for his promotion was withdrawn by the department, along with all consequential and financial benefits.

The appellant held a B.Tech (Hons) degree, recognised by the Higher Education Commission, as equivalent to BE/BSc Engineering for employment, served in the communication and works department and rose to the post of the executive engineer.

He contended that despite his qualification being distinct yet professionally recognised, the respondents, including the government, failed to allocate a promotional quota for B.Tech (Hons) degree holders, unlike other provinces, and deliberately delayed amendments to the relevant service rules despite representations, inter-departmental correspondence and directions of the Peshawar High Court contained in its order on March 24, 2022.

Appellant insists working paper for his promotion withdrawn without justification

The appellant said that he, along with others, had applied to the respondents on Aug 15, 2017, for a reservation of 20 per cent quota to promote B.Tech (Honors) degree holders to the post of BS-18 with request to amend the rules.

He added that though the Standing Services Rules Committee, through its meetings on April 24, 2022 and July 29, 2022, recommended providing promotional opportunities, the respondents issued a notification without incorporating the claimed 20 per cent quota for the B.Tech degree holders, allegedly acting with mala fide intent and thus, depriving the appellant, who retired during pendency of the matter, of his lawful right to promotion.

The appellant pointed out that a working paper for his promotion was sent by the department on June 17, 2021, but it was withdrawn on July 9, 2021, by the department without giving any reason and justification.

He contended that several other employees possessing the same qualification had already been promoted, while he was denied promotion due to personal vendetta and as he had raised his voice for his legal rights.

The appellant maintained that he was senior to several officers and had already performed duties equivalent to those of an executive engineer for nearly three years, but was still denied his rightful grade and benefits.

The tribunal observed many positions had been lying vacant since 2017 but even then, the appellant cadre was not considered by the respondent for promotion to the BPS-18 post until the retirement of the appellant.

It also referred to the promotion of another employee, who was in the same cadre as that of the appellant, despite no changes were made in the rules, and wondered why the appellant was not promoted at his due time and the working paper for his promotion was withdrawn without any justification.

“It is discriminatory treatment by the department which shows their mala fide towards the appellant. Appellant remains vigilant throughout in pursuing his claim right from the year 2017, but was deprived from his legitimate expectation of promotion by the respondents, which is unjustified,” it ruled.

Published in Dawn, May 9th, 2026