SC rejects Punjab police’s plea against its May 2013 verdict

Calls out-of-turn promotions prejudicial to the rights of officers bypassed

ISLAMABAD: In a decision that may go a long way towards streamlining the country’s civil service structure, the top court has rejected the plea of Punjab police officials against its earlier judgment, declaring all out-of-turn promotions illegal.

In its 87-page judgment issued on Friday, the Supreme Court has observed that out-of-turn promotions are inherently prejudicial to the rights of other officers who, though senior and entitled to promotion, are bypassed as a result of out-of-turn promotions.



“Each out-of-turn promotion must necessarily have a corresponding affected officer, who suffers due to this exercise despite being entirely blameless. He suffers for no fault of his own when he is bypassed in favour of the beneficiary of such an exercise,” said the order that was reserved earlier this month.

“Unless he voluntarily waives his rights, in which case the promotion could no longer be described as out-of-turn, the court ought not to ignore his rights in matters brought before it for adjudication, irrespective of his presence or absence before the court in a particular case,” it said.

The judgment said it is the duty of a police officer to arrest an accused or recover drugs and if he performs well, the law provides that such officer should be decorated with awards and rewards, but grant of out-of-turn promotion, is permissible in no way.

In May 2013, the apex court issued a comprehensive judgment, declaring all out-of-turn promotions, deputations, absorption and reappointments illegal in Sindh. The judgment was authored by Justice Amir Hani Muslim.



In its ruling, the court defined parameters for deputation, absorption and reappointments of civil servants. It also declared that “no police personnel or civil servant is entitled to out-of-turn promotion on account of gallantry award or otherwise.”

Later, proceedings were initiated for implementing the verdict and in the last three years, thousands of federal and provincial government employees were either demoted or repatriated to their parent departments.

Earlier, the main focus of the court’s proceedings was on Sindh. However earlier this year, the bench led by Justice Muslim initiated proceedings on compliance of its verdict in the federal capital and other provinces especially in Punjab.

Published in The Express Tribune, December 31^st, 2016.