| Case ID |
0b90eaaa-c7d2-4a42-97fb-39bc29d36681 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 257 |
| Decision Date |
Jan 20, 1980 |
| Hearing Date |
Jan 20, 1980 |
| Decision |
The Supreme Court of Pakistan dismissed the petition seeking special leave to appeal against the High Court's judgment. The petitioner, Muhammad Ansarul Islam Qarni, argued that he was wrongfully treated as a fresh appointee, despite his claims of seniority. The court upheld the High Court's finding that the Sind Law Officers (Conditions of Service) Rules, 1940 granted the Government discretion in selecting candidates for promotion, emphasizing merit over seniority. The court concluded that the petitioner could not claim promotion based on seniority due to the wording of his appointment notification, which indicated a fresh appointment. As a result, the petition was dismissed with no merit found in the claims presented. |
| Summary |
In the case of Muhammad Ansarul Islam Qarni vs Government of Sindh, the Supreme Court of Pakistan addressed issues surrounding the promotion of public prosecutors under the Sind Law Officers (Conditions of Service) Rules, 1940. The petitioner contended that his prior position as an Assistant Public Prosecutor entitled him to promotion to the District Public Prosecutor role, which had become vacant. The case hinged on the interpretation of Rule 3 B (i), which allows government discretion in promotions. The court emphasized that seniority was not the sole criterion for promotion and found that the petitioner was treated as a fresh appointee, thus invalidating his claims. This decision highlights the importance of understanding administrative rules governing public service promotions and the balance between merit and seniority in such processes. Key phrases such as 'public prosecutor promotion', 'Sind Law Officers', and 'government discretion in promotions' are essential for SEO optimization in legal discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
DORAB PATEL,
MUHAMMAD HALEEM,
ASLAM RIAZ HUSAIN
|
| Lawyers |
Petitioner in person,
Nemo for Respondents
|
| Petitioners |
MUHAMMAD ANSARUL ISLAM QARNI
|
| Respondents |
GOVERNMENT OF Sindh and others
|
| Citations |
1980 SLD 553,
1980 SCMR 633
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Law Officers (Conditions of Service) Rules, 1940
|
| Sections |
3 B (i)
|