| Case ID |
104d54eb-f436-4adb-8b6b-8209798ed94c |
| Body |
View case body. Login to View |
| Case Number |
Suo Motu Review Petition No. 52 of 1993 |
| Decision Date |
Jun 05, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the review petition and recalled the previous judgment. The court determined that the petitioner, Fida Hussain, was entitled to be considered for promotion to B-17 Grade based on improved qualifications obtained through the government's initiative to facilitate diploma holders in engineering. The court emphasized that the Pakistan Engineering Council's authority does not extend to deciding promotion matters for civil servants, which remains within the government's discretion. The case highlighted the importance of equal treatment under Article 25 of the Constitution, as other employees in similar positions had received promotions while the petitioner was denied. The court directed the relevant authority to consider the petitioner's case for promotion, thus rectifying the previous discriminatory treatment. |
| Summary |
The Supreme Court of Pakistan adjudicated the Suo Motu Review Petition No. 52 of 1993 concerning Fida Hussain's promotion denial within the context of the Pakistan Engineering Council Act (V of 1975) and relevant constitutional provisions. The petitioner had improved his qualifications through B. Tech. courses established by the government to support diploma-holders. The court's decision emphasized the government's exclusive authority over civil servant promotions, reinforcing the principles of equality and non-discrimination under the Constitution. This case serves as a precedent for future cases regarding civil servant promotions and the role of regulatory bodies like the Pakistan Engineering Council in determining qualification equivalencies. The ruling reiterated the necessity of fair administrative practices in public service promotions, aligning with current discussions on civil service reforms and equitable treatment in the workplace. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of the Punjab,
Federal Service Tribunal,
Pakistan Engineering Council
|
| Judges |
SAJJAD ALI SHAH, C.J.,
AJMAL MIAN,
MANZOOR HUSSAIN SIAL,
MUHAMMAD MUNIR KHAN,
MIR HAZAR KHAN KHOSO
|
| Lawyers |
Not available
|
| Petitioners |
FIDA HUSSAIN
|
| Respondents |
THE SECRETARY, KASHMIR AFFAIRS AND NORTHERN AFFAIRS DIVISION, ISLAMABAD
|
| Citations |
1996 SLD 254,
1996 PLC 44
|
| Other Citations |
Muhammad Siddique Nasim v. Secretary, Government of the Punjab, Irrigation and Power Department, Lahore 1987 SCMR 302,
Muhammad Azim Jamali and 11 others v. Government of Pakistan, through Secretary/Chairman, Ministry of Railways and 33 others 1992 PLC (C.S.) 637,
Pakistan Diploma Engineers Federation (Registered) through its Chairman v. Federation of Pakistan through Secretary, Ministry of Water and Power, Government of Pakistan, Islamabad and 0 others 1994 SCMR 1807,
Mukhtar Ahmad and 37 others v. Government of West Pakistan through the Secretary, Food and Agriculture, Civil Secretariat, Lahore and another PLD 1971 SC 846,
IA. Sherwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041
|
| Laws Involved |
Pakistan Engineering Council Act (V of 1975),
Constitution of Pakistan (1973)
|
| Sections |
8,
2,
25,
212
|