SC says out-of-turn promotions negatively impact services

The Supreme Court on Wednesday observed that out of turn promotions in a department has a negative impact over the service of entitled officers for promotion. A three member bench led by Chief Justice Anwar Zaheer Jamali resumed the hearing of pleas relating to promotion of Police Officers in Punjab and KP.
Appearing on behalf of the Punjab Police officers before the bench Barrister Syed Ali Zafar pleaded that although the Supreme Court in its earlier verdict had decided that all promotions made on the basis of gallantry in the Sindh Police stood cancelled but the case of Punjab Police was entirely different.
He submitted that under Section 8A of the Punjab Civil Servants Act, 1974 read with Rule 14 there under an officer was entitled to the promotion on account of gallantry, adding that the Section existence since 1987 till 1996 and during this time the Supreme Court of Pakistan and the High Courts had implemented this law through various judgements. Barrister Zafar pleaded that promotion of the petitioners on account of meritorial services and capturing notorious criminals under Section 8A was in accordance with the law prevailing at the time as upheld by the Superior Courts and there was nothing illegal.
Terming the out of turn promotion as discouraging to eligible officers, Justice Amir Hani Muslim remarked that a deputy commissioner was given out of turn promotion as commissioner while he performed duties in flood. Ali pleaded that when the Supreme Court changed its own judgement through a new precedent then such precedent has prospective effects instead of retrospectives effects. He said that it was a well-established legal proposition that Courts all over the world accept this position, adding that even jurisprudence on the matter is that the Courts cannot change history or past facts by precedents and if its judgements were to apply retrospectively and open past and close transactions, then that would lead to mayhem and anarchy in the system. Later, hearing of the matter was adjourned for further arguments till the third week of July.