PHC asks selection board to consider officials for promotion
PESHAWAR: The Peshawar High Court has referred the case of six Khyber Pakhtunkhwa Revenue Authority officials for promotion to the relevant selection board for decision.
A bench consisting of Justice Mohammad Ibrahim Khan and Justice Ijaz Anwar disposed of a petition jointly filed by six officials of the KPRA asking the selection board to consider the case of each of the petitioners in accordance with the law within a period of three months.
Petitioners Mehran Ahmad and five others, who are working in the KPRA against BPS-16 posts of inspectors, senior auditors and assistant accounts officers, requested the high court to declare illegal the act of respondents, including provincial chief secretary and KPRA director-general, of not allowing their promotion as assistant collectors.
They contended that the act of respondents was a violation of the KP Finance Act, 2013, which created the KPRA, as well as the KPRA Employees (Appointment, promotion and Transfer) Regulations, 2017.
Advocate Ali Gohar Durrani appeared for the petitioners, whereas Rehmanullah and additional advocate general Rab Nawaz Khan represented the KPRA and provincial government respectively.
Mr Durrani argued that his clients were appointed by the selection committee of the KPRA in Jan 2018 and worked on different posts.
He said the terms and conditions of service of the petitioners was regulated under the KPRA Employees (Appointment, Promotion and Transfer) Regulation, 2017.
The lawyer said that regulation had provided a proper mechanism for appointments by recruitment and promotion.
He added that the mechanism for appointment to the post of assistant collector was provided in Schedule I of the regulation.
The counsel said the said mechanism declared that the said post should be filled by promotion on the basis of seniority cum fitness from among the holder of the post of inspector, senior auditor or assistant accounts officer, who possesses the basic qualification and experience for initial recruitment.
He added that if no suitable officer was available for promotion, then the post had to be filled by transfer on deputation basis.
Mr Durrani argued that the post of assistant collector were 100 per cent promotion posts and that the minutes of an authority meeting held on June 24, 2021, highlighted six new positions of assistant collector in the authority though the regulation declared the filling of those posts by promotion.
He said the petitioners were eligible for promotion and that they had made a representation to the DG but there came no response.
Advocate Rehmanullah submitted a notification issued by the KPRA on May 8, 2017, about the formation of a selection board for appointments by recruitment or promotion to the posts in BPS-17 and said the petition might be sent to the selection board for considering the petitioners in accordance with the law.
The bench observed that it would be appropriate to refer the matter to the selection board and if the petitioners were aggrieved by any order of the board, they could approach the proper forum for the resolution of their grievances.
Published in Dawn, March 5th, 2023