| Case ID |
0ad18330-3ec4-4108-ab37-2285c777a622 |
| Body |
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| Case Number |
Constitutional Petitions Nos. 330-L, 469-L to 505- |
| Decision Date |
Jun 29, 2011 |
| Hearing Date |
Jun 29, 2011 |
| Decision |
The Supreme Court dismissed the petitions and refused leave to appeal, determining that the department had unjustifiably delayed the promotion of the appellants, which they should not have to suffer for. The court found that the appellants were entitled to consideration for promotion even after their retirement, as the working papers for their promotion had been prepared prior to their retirement. The court reaffirmed that the actions of the competent authority were not in accordance with the law, and the delay in processing the promotions was unjustified. The decision emphasized that the rights of civil servants for promotion should be honored, highlighting the importance of timely action by the authorities in such matters. |
| Summary |
The case revolves around the promotion of civil servants under the Punjab Civil Servants Act (VIII of 1974), specifically addressing the impact of retirement on promotion eligibility. The Supreme Court of Pakistan adjudicated on petitions concerning the denial of promotion to civil servants who had reached superannuation age. The petitioners argued that the delay in processing their promotions was due to departmental negligence. The court emphasized the need for timely promotions and ordered that the appellants should be considered for pro forma promotions, reinforcing the legal principles surrounding civil service rights and the importance of adhering to procedural fairness. This case serves as a significant reference for understanding promotion rights within civil service law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
TASSADUQ HUSSAIN JILLANI,
MIAN SAQIB NISAR,
ASIF SAEED KHAN KHOSA
|
| Lawyers |
Ahmad Rauf, Additional Advocate-General, Punjab,
Nazir Ahmed Qureshi, Advocate Supreme Court,
C.M. Latif, Advocate-on-Record
|
| Petitioners |
SECRETARY SCHOOL OF EDUCATION
|
| Respondents |
Rana ARSHAD KHAN
|
| Citations |
2012 SLD 1374 = 2012 SCMR 126
|
| Other Citations |
Dr. Muhammad Amjad and another v. Dr. Israr Ahmed and others 2010 SCMR 1466
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Punjab Service Tribunals Act (IX of 1974),
Constitution of Pakistan
|
| Sections |
2(g-a),
2(g-b),
5,
8,
4,
Art. 212(3)
|