| Case ID |
0230d2a1-da20-4e50-8d4d-9cdb57d60f42 |
| Body |
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| Case Number |
Appeal No. 44(R) of 1990 |
| Decision Date |
Jan 12, 1992 |
| Hearing Date |
Dec 01, 1991 |
| Decision |
The tribunal held that the promotion of the appellant, GUL BEG KHAN NIAZI, was unjustly challenged by the respondents. It was determined that the principle for promotion between the 'General Cadre' and 'Closed Cadre' was not adhered to, particularly as only twelve posts were available for promotion. The tribunal ruled that the ante-dated promotion of the respondent was without lawful authority and therefore had no legal effect. The decision emphasized the importance of adhering to established seniority and promotion principles in civil service. |
| Summary |
This case revolves around the principles of civil service promotions, specifically focusing on the promotion of Trained Graduate Teachers. GUL BEG KHAN NIAZI, the appellant, contested the decision of the respondents who sought to displace his seniority through an ante-dated promotion. The Federal Service Tribunal ruled in favor of the appellant, asserting that the promotion principles were not correctly applied and that only 12 posts were available for the General Cadre, which the appellant rightfully occupied. The tribunal's decision underscored the need for lawful authority in promotions and the protection of civil servant rights. Key terms include civil service, promotion principles, seniority, ante-dated promotion, and lawful authority, which are crucial for understanding the dynamics of civil service law and employee rights in Pakistan. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
SYED ALLY MADAD SHAH,
RANA RIFAT SAEED,
MISBAH ULLAH KHAN
|
| Lawyers |
Raja Muhammad Asghar Khan,
Hafiz SA. Rehman,
P.E. Siddiqi
|
| Petitioners |
GUL BEG KHAN NIAZI
|
| Respondents |
PRIME MINISTER OF PAKISTAN through Establishment Division and 3 others
|
| Citations |
1992 SLD 928,
1992 PLC 702
|
| Other Citations |
Not available
|
| Laws Involved |
Not available
|
| Sections |
Not available
|