ISLAMABAD, Aug 24 (INP): Ahmad Yahya Khan, Director General Higher Education Commission (HEC) has challenged recommendations of recent promotion board meeting through Raja Saifur Rehman Advocate at Islamabad High Court (IHC).
According to the petitioner, the HEC promotion board was held on 16.7.2014 for the promotion of officers in BS-19, 20 and 21 without deciding the issue of seniority. The fixation of seniority on the basis of date of joining instead of older in age for officers of BS-19 and above is void ab initio, coram non judice, illegal and unlawful and as such cannot adversely affect the services right of the petitioner.
Reliance is placed on PLD 1958 SC 104 in which it was authoritatively held that when the initial order is void, the whole series of orders based thereon along with the superstructure built thereupon shall, in the same manner, be void and no legal effect.
It is well settled law that when the seniority is in dispute the Promotion Board and consequent promotions cannot be made. Seniority has to be finalized first and then to make promotion.
The petition prayed that the HEC administration may be directed to correct the seniority list in the light of the Supreme Court judgment coupled with HEC‘s own letter admitting that selection board did not prepare the merit list of BS-19 officers. He further prayed that respondents may be restrained from making promotions to BS-21 by implementing recommendations of the selection board dated 16.07.2014.