| Case ID |
08f8ed36-5b1a-4d85-b679-d58d20ae84b3 |
| Body |
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| Case Number |
C.A. No. 285 of 2019 |
| Decision Date |
Jun 17, 2020 |
| Hearing Date |
Jun 15, 2020 |
| Decision |
The Supreme Court dismissed the appeal filed by the appellants, affirming the High Court's decision to upgrade the post of Calligrapher (B-16) occupied by the respondent. The court found that the respondent was entitled to the same treatment as similarly placed employees in other departments where similar posts had been upgraded. The ruling emphasized that the High Court had acted within its jurisdiction and that the Finance Department had provided necessary concurrence for the upgradation. The court ruled against the claims of arbitrary and discriminatory treatment, establishing that the respondent had a legal right to the relief granted. |
| Summary |
The case revolves around the appeal concerning the upgradation of the post of Calligrapher within the Council of Islamic Ideology in Azad Jammu and Kashmir. The respondent, having initially been appointed as Calligrapher (B-6), sought relief through a writ petition after the post was upgraded in other government departments. The Supreme Court of Pakistan upheld the High Court's ruling, affirming that the respondent was entitled to the same benefits as similarly situated employees. This case highlights issues of employment rights, administrative justice, and the interpretation of constitutional provisions related to public service in Azad Jammu and Kashmir. Key legal principles regarding equal treatment and non-discrimination in public employment were reaffirmed, making this case significant for future employment-related litigations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
,
Council of Islamic Ideology, Azad Jammu and Kashmir
|
| Judges |
RAJA SAEED AKRAM KHAN, ACJ,
GHULAM MUSTAFA MUGHAL, JUSTICE
|
| Lawyers |
Mr. Muhammad Noorullah Qureshi, Advocate for Appellants,
Syed Shahid Bahar, Advocate for Respondent
|
| Petitioners |
,
SECRETARY COUNCIL OF ISLAMIC IDEOLOGY, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD
|
| Respondents |
,
SYED HAMID ALI BUKHARI, CALLIGRAPHER, COUNCIL OF ISLAMIC IDEOLOGY, AZAD JAMMU & KASHMIR, MUZAFFARABAD
|
| Citations |
2021 SLD 2246,
2021 PLJ 30
|
| Other Citations |
Khalil Ahmed Sehrai vs. Secretary Finance and others,
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
42(10)
|