| Case ID |
0061609d-b3de-4886-b7dd-7fd35786ccc1 |
| Body |
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| Case Number |
Intra-Court Appeal No.401 of 1992 in Writ Petition |
| Decision Date |
Jun 14, 2000 |
| Hearing Date |
Jun 08, 2000 |
| Decision |
The appeal was dismissed as the court found no basis for interference with the decision made by the Provincial Selection Board regarding the promotion of the appellant. The court ruled that the determination of fitness for promotion is within the exclusive jurisdiction of the competent authority, and the assessment made by the Selection Board could not be substituted by the court unless there was a clear indication of mala fides. The ruling established that civil servants do not have a vested right to promotion, and the subjective evaluation of their service record by the authority is paramount. The absence of allegations of bad faith against the Selection Board reinforced the decision. |
| Summary |
The Lahore High Court's ruling in Intra-Court Appeal No.401 of 1992 clarifies the legal framework surrounding promotions within the civil service under the Civil Servants Act of 1973. The case revolves around the appellant, an Executive Engineer, who challenged his non-promotion to Superintending Engineer. The court emphasized that the competent authority has exclusive jurisdiction to determine a civil servant's fitness for promotion based on a subjective assessment of their service record. The absence of allegations regarding malice or bad faith against the Selection Board members further solidified the court's decision to dismiss the appeal. This case sets a significant precedent regarding the rights of civil servants and the limitations of judicial intervention in promotion matters. Keywords: civil service promotion, fitness for promotion, Lahore High Court, Civil Servants Act, judicial intervention. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of the Punjab
|
| Judges |
Malik Muhammad Qayyum,
Syed Zahid Hussain,
Ghulam Jillani
|
| Lawyers |
Sh. Zia Ullah,
Ch. Muhammad Ashraf
|
| Petitioners |
Ghulam Jillani
|
| Respondents |
Government of the Punjab
|
| Citations |
2001 SLD 1802,
2001 PLC 157
|
| Other Citations |
Muhammad Aboo Abdullah v. The Province of East Pakistan and another PLD 1960 SC (Pak.) 164,
Aish Muhammad and 68 others v. Pakistan and 75 others 1985 SCMR 774,
Mrs. Saeeda Bukhari v. Secretary, Ministry of Education, Government of the Punjab, Lahore and another PLD 1988 Lah. 553,
Secretary, Government of Sindh, Education Department and another v. Syed Riyazul Hassan Zaidi and another 1986 SCMR 64,
Syed Noorul Hassan v. The Secretary, Ministry of Industries, Government of Pakistan, Islamabad and others 1987 SCMR 598,
Mian Abdul Malik v. Dr. Sabir Zameer Siddiqui and 4 others 1991 SCMR 1129,
Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
9,
199
|