| Case ID |
10a605a3-9b5a-47cd-a23a-8a717a19504e |
| Body |
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| Case Number |
Civil Appeal No.16 of 1989 |
| Decision Date |
Jul 15, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal, setting aside the impugned order of the Federal Service Tribunal. It determined that the respondent's upgradation from Grade 16 to Grade 18 was a windfall and could not adversely affect the seniority rights of others. The Court concluded that the respondent had been granted extraordinary favor without competition, and thus, the competent authority's decision regarding the date of regularization was upheld. The Court emphasized that no injustice had been done to the respondent, as he had been upgraded without the normal period of service required for further promotion. |
| Summary |
This case involves the Supreme Court of Pakistan addressing a civil service matter regarding the upgradation of a civil servant from Grade 16 to Grade 18. The decision focused on the interpretation of the Civil Servants Act (LXXI of 1973) and the Service Tribunals Act (LXXI of 1973), particularly concerning the issues of seniority and the powers of the Service Tribunal. The Court examined whether the appeal was time-barred and whether the Government had the authority to regularize an ad hoc appointment retrospectively. The ruling underscored the importance of adhering to established procedures and fairness in civil service promotions, ultimately affirming the decision of the competent authority and reinforcing the legal framework governing civil service appointments. Keywords such as 'Civil Servants Act', 'Service Tribunal', 'seniority rights', and 'legal framework' are crucial for understanding this case and its implications on civil service governance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
SAAD SAOOD, JJ,
JAN, JJ,
AJMAL MIAN, JJ
|
| Lawyers |
Not available
|
| Petitioners |
Mian SHAFIUDDIN, DEPUTY DIRECTOR,
SURAT KHAN MARRI, DIRECTOR REGIONAL INFORMATION OFFICE, ISLAMABAD
|
| Respondents |
Not available
|
| Citations |
1991 SLD 1522,
1991 SCMR 2216
|
| Other Citations |
M. Yamin Qureshi v. Islamic Republic of Pakistan P L D 1980 SC 22,
Dr. Sabir Zameer Siddiqui v. Mian Abdul Malik PLD 1991 SC 226
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Service Tribunals Act (LXXI of 1973)
|
| Sections |
8(4),
22,
23,
4,
5
|