Staff Reporter
PESHAWAR: The Khyber Pakhtunkhwa Services Tribunal has directed the provincial government to grant proforma promotion in Grade-18 to retired Communication and Works (C&W) Department officer Shaukat Ullah Shah, ruling that he was unlawfully denied promotion due to mala fide actions by the authorities.
A three-member bench comprising Rashida Bano, Zeba Rashid and S.M. Farooq Saqlain issued the verdict while deciding an appeal filed by the retired officer.
According to the petition, Shaukat Ullah Shah was appointed as a Sub-Engineer in Grade-11 in the C&W Department and was promoted to Grade-17 in 2016. His counsel informed the tribunal that the petitioner possessed a B.Tech (Honours) degree, which is recognised as equivalent to a BSc Engineering degree, making him eligible for promotion under the prescribed quota.
The counsel argued that working papers for Shah’s promotion to Grade-18 were prepared in 2021 but were later withdrawn without any justification. It was further contended that several other officers holding the same qualification had already been promoted, while the petitioner was denied promotion due to personal vendetta and for pursuing his legal rights.
The tribunal was also informed that the Peshawar High Court had, in 2023, directed the C&W Department to implement the relevant quota and complete the petitioner’s promotion process. However, after Shah’s retirement, the government allegedly withdrew all proposals related to his promotion.
The petitioner maintained that he was senior to several officers and had performed duties equivalent to those of an Executive Engineer (XEN) for nearly three years, yet was denied the higher grade and its benefits.
The provincial government opposed the appeal and sought its dismissal.
After hearing arguments from both sides, the tribunal held that the evidence on record clearly established that the petitioner had been deprived of promotion on mala fide grounds. The bench observed that Shah had become eligible for promotion in 2021, prior to his retirement, but the authorities withdrew the working papers without assigning any reason.
The tribunal further noted that even a junior officer had been promoted under the same rules, which remained unchanged, terming the government’s conduct discriminatory and in violation of the petitioner’s lawful rights.
The tribunal directed the provincial government to place the petitioner’s case before the Provincial Selection Board (PSB) and grant him proforma promotion in Grade-18, enabling him to receive all financial and service benefits attached to the higher post.
