The Supreme Court has restored the promotion of a former elementary school teacher, ruling that the government must set an example as the country’s largest public employer and cannot deny employees their due progression through administrative convenience.
A bench comprising Justice Ayesha Malik and Justice Shahid Waheed set aside the withdrawal of Muhammad Shafiq’s promotion in a six-page judgement authored by Justice Malik.
The case: Supreme Court promotion ruling
Shafiq, a former elementary school teacher in physical education, had been promoted to assistant education officer (physical education). That promotion was withdrawn on May 24, 2023.
The department defended the withdrawal by pointing to a note in the Punjab School Education Service Rules 2014, which said assistant education officer posts were to be filled from secondary school teachers through transfer. The court found that reliance “without basis or justification”.
The department’s case rested entirely on that note. The court found nothing in it that justified cancelling a promotion already granted, holding that an administrative reading of the rules could not override an employee’s legitimate right to progress.
What the court said
Justice Malik wrote that unclear promotion rules corrode public administration: “Where rules do not prescribe coherent promotional tracks or options, the resulting uncertainty leads to failure in governance.”
The judgement added that the state, as the largest employer, is held to a higher standard: “Administrative convenience cannot be a substitute for the law, nor can ambiguity become a reason to deny someone legitimate progression.”
FAQs
Who did the ruling benefit?
Muhammad Shafiq, a former elementary school teacher in physical education, whose promotion to assistant education officer (physical education) was restored.
Why was his promotion withdrawn?
The department relied on a note in the Punjab School Education Service Rules 2014 to block the promotion. The court said that reliance had no basis.
Why was his promotion withdrawn?
The department pointed to a note in the Punjab School Education Service Rules 2014 about how assistant education officer posts are filled. The court ruled that reading of the rules had no basis.
Which judges decided the case?
A two-member bench of Justice Ayesha Malik and Justice Shahid Waheed, with Justice Malik authoring the six-page judgement.
The court observed that the government, as the largest employer in the country, must lead by example in upholding service rules.
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Originally reported by dawn.com.
