PESHAWAR: The Khyber Pakhtunkhwa Service Tribunal has ordered the provincial government to grant proforma promotion in Grade-18 to former Communication and Works Department officer Shaukatullah Shah after retirement, ruling that he was unlawfully deprived of promotion due to mala fide actions by the authorities.
A three-member bench comprising Rashida Bano, Zeba Rashid and SM Saqlain issued the verdict after hearing an appeal filed by the retired official.According to the petition, Shaukatullah Shah was appointed as Sub-Engineer in Grade-11 in the Communication and Works Department and was promoted to Grade-17 in 2016.
His counsel informed the tribunal that the petitioner possessed a B.Tech (Honours) degree, which was considered equivalent to a BSc engineering degree, making him eligible for promotion under the prescribed quota.
The counsel argued that the provincial government had prepared working papers in 2021 for his promotion to Grade-18 but later withdrew them without any justification.It was contended that several other employees possessing the same qualification had already been promoted, while the petitioner was denied promotion due to personal vendetta and because he had raised his voice for his legal rights.
The tribunal was further informed that the Peshawar High Court had directed the Communication and Works Department in 2023 to implement the relevant quota and complete the petitioner’s promotion process. However, after his retirement, the government allegedly withdrew all proposals related to his promotion.
The petitioner maintained that he was senior to several officers and had already performed duties equivalent to those of an Executive Engineer (XEN) for nearly three years, but was still denied his rightful grade and benefits.
The provincial government opposed the appeal and requested its dismissal.After completion of arguments, the tribunal ruled that the evidence and submissions clearly established that the petitioner had been deprived of promotion on mala fide grounds.
The bench observed that Shaukatullah had become eligible for promotion in 2021, well before his retirement, but the government withdrew the working papers without assigning any reason.
The tribunal noted that even a junior officer had already been promoted under the same rules, which had not been amended. It held that the government’s actions reflected discrimination and denial of lawful rights.The tribunal directed the provincial government to place the petitioner’s case before the Provincial Selection Board and grant him proforma promotion in Grade-18 so that he could receive the financial and service benefits attached to the higher post.
