| Case ID |
0c179156-08db-4d27-a85e-d1245c4bd262 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 3 of 2019 |
| Decision Date |
Aug 11, 2021 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, confirming the High Court's ruling that the upgradation of the petitioner's post from BPS-20 to BPS-21 was void and without lawful authority. The court emphasized that the provincial government's upgradation policy clearly stipulated that personal upgradation should only occur once during an employee's service. The case presented significant questions regarding the administration of justice, specifically the adherence to statutory requirements. The court clarified that when a law mandates a specific procedure, it must be followed precisely to ensure legal validity. The decision underscored the importance of upholding established policies to prevent arbitrary actions in civil service appointments. |
| Summary |
In the case of Civil Petition No. 3 of 2019, the Supreme Court of Pakistan addressed the issue of the upgradation of a civil servant's post from BPS-20 to BPS-21. The petitioner, ATTAULLAH KHAN, had previously received multiple upgradations in violation of the Provincial Government's policy, which allowed for personal upgradation only once throughout a service period. The court found that the High Court's declaration of the upgradation as void was justified, emphasizing the necessity of adhering to legal frameworks in administrative processes. The ruling reinforced the principle that any action taken contrary to established statutes is subject to judicial review. The court also elaborated on the writ of quo warranto, clarifying its purpose in preventing individuals from unlawfully occupying public offices. This case highlights critical aspects of civil service regulations, the importance of policy compliance, and the judicial oversight of administrative decisions, making it a significant reference for future cases involving similar legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GULZAR AHMED, C.J.,
SAYYED MAZAHAR ALI AKBAR NAQVI,
JAMAL KHAN MANDOKHAIL
|
| Lawyers |
Not available
|
| Petitioners |
ATTAULLAH KHAN
|
| Respondents |
others,
ALI AZAM AFRIDI
|
| Citations |
2023 SLD 399,
2023 PLC 182
|
| Other Citations |
Taylor v. Taylor (1876) Ch.D. 426
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199(1)(b)(iii)
|