Legal Case Summary

Case Details
Case ID 09dbba1b-eb10-4c2d-8392-31e1fc29693c
Body View case body.
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Court examined whether the educational qualifications prescribed for the post of stenographer by the Federal Government superseded those in the Pakistan Railways Personnel Manual.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granted leave to appeal, indicating that the qualifications prescribed by the Pakistan Railways may have been superseded by Federal Government regulations.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)