Administrative Convenience No Substitute For Law: SC Restores EST Promotion
ISLAMABAD, (APP - UrduPoint / Pakistan Point News - 6th Oct, 2026) The Supreme Court has held that the 2014 Service Rules of the Punjab school education Department clearly provide for promotion of an Elementary School Teacher (Physical Education) to the post of Assistant Education Officer (Physical Education) , and administrative convenience cannot be used to deprive an employee of a lawful promotion.
Key Points:
- A two-member bench comprising Justice Ayesha A. Malik and Justice Shahid Waheed converted Muhammad Shafiq’s civil petition into an appeal and allowed it.
- They set aside the March 12, 2025 judgment of the Punjab Service Tribunal and the Education Department’s May 24, 2023 order withdrawing Shafiq’s promotion.
- The court declared Shafiq entitled to all consequential financial benefits from the date of withdrawal.
Clarification on Rules:
- The court observed that under the 2014 Rules, an EST (Physical Education) possessing the requisite qualifications could be promoted to AEO (Physical Education) based on seniority-cum-fitness.
- A note providing for filling the AEO post from among Secondary School Teachers through transfer did not bar promotion of EST (Physical Education). Since both posts were in BS-16, such movement constituted transfer for administrative purposes rather than promotion.
Justice for Shafiq:
- The court noted that Shafiq, serving in the Education Department since 1995, was the senior-most EST (Physical Education) eligible for promotion, but his promotion was withdrawn based on an interpretation of the explanatory note.
- The Supreme Court held that ambiguity in rules could not be used to deprive an employee of a lawful right. It emphasized that matters relating to salary, seniority and promotion were fundamental aspects of a government servant’s service rights.
Outcome:
- The court accordingly restored Shafiq’s promotion and ordered payment of all consequential financial benefits.