News

No. DYA/Estab/Promotion/Class-IV/2026/262(1-3)                                         Dated: 11/03/2026

To

The Additional Secretary,

Sports & Youth Affairs Department, Peshawar.

SUBJECT:   CLARIFICATION REGARDING PROMOTION OF CLASS-IV (BPS-03) STAFF TO THE POST OF JUNIOR CLERK (BPS-11).

Dear Sir,

    I am directed to refer to the subject noted above and the complaints raised in the E-Kulli Kachehri held on 03/03/2026 regarding promotion of Class-IV staff of this Directorate. It is submitted that delay in promotion of Class-IV (BPS-03) employees to the post of Junior Clerk (BPS-11) is due to pendency of the following two court cases concerning the seniority list of Class-IV staff. Since, the matter of seniority of Class-IV staff is sub-judice, the promotion process could not finalized.

 i. Case No.590-P, titled Secretary to Govt of KP Sports & Youth Affairs Department Peshawar & Others vs Yarqand & Others, pending before the Honorable Supreme Courts of Pakistan

 ii. Case No.1077/2024, titled Fazeeh Ullah vs Secretary to Govt of KP Sports & Youth Affairs Department Peshawar & Others, pending before the Honorable Khyber Pakhtunkhwa Service Tribunal.

The Service Rules 2022 of the Directorate of Youth Affairs describes the method of promotion from the post of Class -IV to the post of Junior Clerk as reproduced below:

(a)    Forty (40%) percent by promotion, on the basis of seniority-cum-fitness, from amongst holders of the posts of Naib Qasid, Chowkidar, Mali, Sweeper, Cook, Generator Operator, Security Guard, Waiter, Tubewell Operator, Dispatch Rider, Electrician, Daftari cum Duplicate Machine Operator and other equivalent posts possessing F. A/F. Sc qualification or its equivalent qualification from a recognized Board with two (2) years’ service as such; and

(b)    sixty percent by initial recruitment:

Note: A joint seniority list of the holders of the posts of Naib Qasid, Chowkidar, Mali, Sweeper, Cook, Generator Operator, Security Guard, Waiter, Tubewell Operator, Dispatch Rider, Electrician, Daftari cum Duplicate Machine Operator shall be maintained for the purpose of promotion with reference to the dates of appointment or acquiring the F. A/F. Sc qualification, whichever is later:

The total sanctioned posts of junior clerk in the Directorate of Youth Affairs and District Youth Offices are 84, out of which 50 posts are to be filled through initial recruitment and 34 posts through promotion. At present, 31 posts of Junior Clerk falling under the promotion quota are vacant, these posts vacated after promotion of 7 Junior Clerks on 13/04/2023 and 24 Junior Clerks on 10/10/2025 to the post of Senior Clerks.

Details of the above-mentioned court cases:

i. Mr. Yar Qand, Sweeper (BPS-03) in District Youth Office Peshawar, feeling aggrieved from the final seniority list issued on 13-04-2022, therefore approached the Khyber Pakhtunkhwa Service Tribunal. In the tentative seniority list of 28-02-2022, he was placed at serial No.39 with reference to the date of appointment, 09/05/2019, while in the final seniority impugned before the Service Tribunal, he was ranked at serial No.76 with reference to the date of acquiring requisite qualification, 17/09/2021. He sought the following reliefs in his service appeal:

a.       The impugned final seniority list issued by the Directorate of Youth Affairs Khyber Pakhtunkhwa to the extent of Placing the appellant at Sr.No.76 instead at Sr.No.39 may kindly be declared as illegal, unlawful, void-ab –initio, and ineffective upon the rights of the appellant.

b.      It is further prayed that directions may kindly be issued to the respondents to modify the final seniority list to the extent of placing the present appellant at Sr.No.39 instead at Sr.No.76.

c.      It is further prayed that after promotion 27 employees of the Directorate, the respondents i.e. Directorate of Youth Affairs Khyber Pakhtunkhwa may be directed to place the appellant at Sr.No.11 after acceptance of prayer “a” &” b”.         

The placement of the appellant at Sr.No.39 in the provisional seniority list was determined on the basis of the date of his initial appointment. However, upon verification of his educational qualifications, it was found that the appellant had acquired the matriculation qualification in the year 2021. Consequently, while finalizing the seniority list, his position was accordingly revised and he was placed at Sr.No.76. The said revision was made in conformity with the applicable rules governing seniority, which states that “A joint seniority list shall be maintained for the purpose of promotion with reference to the dates of appointment or acquiring the F.A/F.Sc qualification, whichever is later”.                 

Finally, on 12^th June 2024 the Khyber Pakhtunkhwa Service Tribunal gave its verdict, the operative part of the judgment is re-produced as under:

“The respondents are directed that the appellant be placed in the Final Seniority List, at the place where he was placed in the provisional Seniority list”.

The Directorate of Youth Affairs, Khyber Pakhtunkhwa, has challenged the Tribunal’s judgment before the Hon’ble Supreme Court of Pakistan via CPLA filed on 31^st July 2024. The case is still pending and has not yet been fixed for regular hearing. Additionally, this Directorate has conditionally executed the orders of the Hon’ble Khyber Pakhtunkhwa Service Tribunal Peshawar till the final outcome of CPLA.

ii. Mr. Fazeeh Ullah has been appointed as Naib Qasid (BPS-03) on 11/06/2019 in District Youth Office Charsadda but he acquired the FA/FSc qualification on 17/09/2021 and his position was placed at S.No.23 in the seniority list 2023 with reference to the date of passing FA/Fsc. Qualification, as given in the service rules mentioned above. He has filed Service Appeal No.1077/2024 in the Khyber Pakhtunkhwa Service Tribunal Peshawar on 31/10/2024, challenging the Seniority List of 2023 issued on 03/04/2024. The Hon’ble Tribunal directed the department to file comments/reply in the subject appeal, the same were duly filed by the respondent department, in which the next date of hearing is 30/03/2026.

In view of the foregoing, and as Seniority List 2022 and Seniority List 2023 of Class-IV staff are sub-judice, guidance / legal opinion in the subject matter is solicited as to whether:

(a) a fresh seniority list of the Class-IV staff may be issued and promotion against the vacant posts may be processed accordingly; or

(b) the department should wait until the final outcome of the aforementioned court cases.

 Sd/-

ASSISTANT DIRECTOR (ESTAB)