Case ID |
09dbba1b-eb10-4c2d-8392-31e1fc29693c |
Body |
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Case Number |
Civil Petition for Leave to Appeal No.358 of 1995 |
Decision Date |
Dec 13, 1995 |
Hearing Date |
Dec 13, 1995 |
Decision |
The Supreme Court of Pakistan granted leave to appeal to Muhammad Asghar against the decision of the Federal Service Tribunal regarding the withdrawal of his advance increments. The Court examined whether the educational qualifications prescribed for the post of stenographer by the Federal Government superseded those in the Pakistan Railways Personnel Manual. The petitioner argued that the qualifications of BA/B.Sc. were irrelevant to his promotion, as he had been promoted from a Stenotypist position. The Court's decision clarified the applicability of the recruitment rules and the qualifications necessary for the position, ultimately siding with the petitioner and granting the appeal. |
Summary |
In the case of Muhammad Asghar vs Federal Service Tribunal, the Supreme Court of Pakistan addressed the issue of educational qualifications for the post of stenographer within the Pakistan Railways. The petitioner, Muhammad Asghar, challenged the Federal Service Tribunal's decision that denied him advance increments due to the qualifications prescribed in the Pakistan Railways Personnel Manual. The Court considered key factors such as the qualifications required by the Federal Government and the implications of promotions versus direct recruitment. The Court ultimately granted leave to appeal, indicating that the qualifications prescribed by the Pakistan Railways may have been superseded by Federal Government regulations. This case highlights the complexities surrounding civil service promotion qualifications and the legal interpretations of recruitment rules. Keywords like 'educational qualifications', 'Federal Service Tribunal', and 'Supreme Court of Pakistan' are critical for understanding the legal framework at play in this case. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Federal Government,
Pakistan Railways
|
Judges |
SAJJAD ALI SHAH CJ,
MUHAMMAD BASHIR KHAN JEHANGIRI J
|
Lawyers |
Petitioner in person,
Nem,o for Respondents Nos. 1, 2 and 3,
Respondent No. 4 in person
|
Petitioners |
MUHAMMAD ASGHAR
|
Respondents |
Respondent No. 3,
Respondent No. 2,
Respondent No. 4,
FEDERAL SERVICE TRIBUNAL
|
Citations |
1996 SLD 222,
1996 PLD 195
|
Other Citations |
Not available
|
Laws Involved |
Pakistan Railways Personnel Manual,
Constitution of Pakistan (1973)
|
Sections |
25,
212(3)
|