| Case ID |
02e99fb7-3c94-4287-9b5c-79e305b6fd12 |
| Body |
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| Case Number |
Civil Appeal No.1346 of 2007 |
| Decision Date |
Jun 19, 2008 |
| Hearing Date |
Jun 19, 2008 |
| Decision |
The appeal was dismissed as the Service Tribunal had correctly determined that the question of fitness for promotion of a civil servant is not within its jurisdiction under section 4(b)(i) of the North-West Frontier Province Service Tribunals Act, 1974. The distinction between eligibility and fitness for promotion was emphasized, confirming that eligibility can be scrutinized, while fitness remains under the authority's discretion. The appellant failed to demonstrate the ineligibility of the promoted civil servant, leading to the conclusion that the Tribunal's decision to dismiss the appeal was justified. The case reaffirms the principle that while promotion considerations are a right, the actual promotion cannot be claimed as such. |
| Summary |
This case revolves around the appeal filed by Fazali Rehmani against the decision of the North-West Frontier Province Service Tribunal regarding the promotion of a civil servant to BPS-21. The Supreme Court of Pakistan ruled that the Service Tribunal correctly dismissed the appeal based on the jurisdiction outlined in the North-West Frontier Province Service Tribunals Act, which separates eligibility for promotion from the fitness assessments made by the competent authority. The court highlighted the legal interpretations surrounding civil service promotions, particularly the nuances between eligibility and fitness criteria, establishing that while civil servants have a right to be considered for promotion, they cannot claim the promotion itself as an entitlement. This decision serves as a critical reference for future cases involving civil service promotions and the jurisdiction of service tribunals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
North-West Frontier Province Service Tribunal
|
| Judges |
ABDUL HAMEED DOGAR, C.J.,
IJAZ-UL-HASSAN KHAN,
CH. EJAZ YOUSAF
|
| Lawyers |
Maazullah Barkandi, Advocate Supreme Court for Appellant.,
Qaiser Rashid, Addl. A.G., N.W.F.P. for Respondents Nos.1-4.,
Qazi M. Anwar, Senior Advocate Supreme Court for Respondent No.5.
|
| Petitioners |
FAZALI REHMANI
|
| Respondents |
others,
CHIEF MINISTER, N.W.F.P.
|
| Citations |
2008 SLD 1998,
2008 PLD 769
|
| Other Citations |
Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539,
Muhammad Iqbal v. Executive District Officer (Revenue) 2007 SCMR 682,
Syed Abdul Qadir Shah v. Government of Punjab 1972 SCMR 323,
Mian Abdul Malik v. Dr. Sabir Zameer Siddiqui and others 1991 SCMR 1129,
Muhammad Akram and others v. The State and others 1996 SCMR 324,
Muhammad Rehman Khan v. Chief Secretary, N.-W.F.P. and others 2004 PLC (C.S.) 62,
Abdul Ghafoor, Supervisor/Inspector, NHA v. National Highway Authority and others 2002 SCMR 574,
Zafarullah Baloch v. Government of Balochistan and others 2002 SCMR 1056,
Secretary to the Govt. Of the Punjab v. Abdul Hamid Arif and others 1991 SCMR 628,
Muhammad Yousaf and others v. Abdul Rashid and others 1996 SCMR 1297
|
| Laws Involved |
North-West Frontier Province Service Tribunals Act,
Civil Servants Act
|
| Sections |
4(b)(i),
25(2)
|