| Case ID |
0fff7c52-d484-4591-aa3a-312e671e3bc0 |
| Body |
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| Case Number |
Writ Petition No. 3198 of 2013 |
| Decision Date |
Nov 14, 2016 |
| Hearing Date |
Oct 28, 2016 |
| Decision |
The Islamabad High Court allowed the petitioners' writ petition for promotion, stating that the organization failed to provide adequate reasons for the denial of promotions despite the petitioners meeting all necessary criteria. The court emphasized the need for fairness and reasonableness in the application of security clearance and promotion policies, highlighting that the principle of natural justice was violated by not confronting the petitioners with any adverse material against them. As a result, the petitioners were declared entitled to promotion effective from the dates their juniors were promoted, along with all consequential benefits. |
| Summary |
This case involves the Islamabad High Court's decision regarding the promotion of petitioners working under the National Command Authority. The court ruled in favor of the petitioners, who argued that their promotions were unjustly denied despite fulfilling all necessary qualifications. The court highlighted the importance of fair treatment and adherence to principles of natural justice, particularly regarding security clearance processes. The ruling reinforces the need for transparency in promotion criteria and ensures that employees are treated equitably under the law. Keywords such as 'National Command Authority', 'promotion rights', 'natural justice', and 'government employee rights' are crucial for understanding the implications of this case and its relevance in current discussions about public service fairness and accountability. |
| Court |
Islamabad High Court
|
| Entities Involved |
National Command Authority,
National Development Complex,
National Engineering and Scientific Commission
|
| Judges |
Mohsin Akhtar Kayani
|
| Lawyers |
Abdur Rehman Siddiqui,
Barrister Waqas Aziz Qureshi,
Mustafa Shakir Hussain
|
| Petitioners |
Others,
Muhammad Zubair
|
| Respondents |
Others,
National Command Authority
|
| Citations |
2018 SLD 1585,
2018 PLC 519
|
| Other Citations |
Baber Sattar v. Federation of Pakistan 2016 CLD 134,
Muhammad Zafeer Abbasi v. Government of Pakistan 2003 CLC 503,
Ahmed Saeed Siddiqui v. Pakistan through Secretary Establishment 2015 PLC (C.S.) 923,
Secretary Establishment Division, Government of Pakistan, Islamabad v. Aftab Ahmed Manika and others 2015 SCMR 1006,
Muhammad Akbar Khan Hoti v. Federation of Pakistan 2006 PLC (C.S) 619,
Sameen Asghar v. Federation of Pakistan 2016 PLC (C.S.) 725,
Abdul Wadood Khan v. Secretary, Establishment Division 2009 PLC (C.S.) 348,
Muhammad Ashraf v. Government of Pakistan 2007 PLC (C.S.) 669,
High Court Bar Association, Bahawalpur v. Federation of Pakistan and others PLD 2015 Lah. 317,
Chief Secretary, Sindh v. Riaz Ahmed Massan and another 2016 SCMR 1784
|
| Laws Involved |
National Command Authority Act, 2010,
Constitution of Pakistan, 1973,
General Clauses Act, 1897
|
| Sections |
7,
9,
3,
4,
9,
10-A,
25,
24-A
|