Legal Case Summary

Case Details
Case ID 10caec1d-3231-4283-8e81-9b23c2796fb8
Body View case body.
Case Number Civil Petition No. 87-R of 1989
Decision Date Jan 14, 1990
Hearing Date
Decision The Supreme Court of Pakistan addressed the critical issue of whether a civil servant with average performance reports can be deemed fit for promotion solely based on the reporting officer's comment. The court noted that the Service Tribunal had previously ruled in favor of the civil servant's entitlement to a 'move-over' for promotion. However, the Federation of Pakistan contested this view, asserting that actual promotions are contingent upon a comprehensive evaluation of a civil servant's overall performance by the Departmental Promotion Committee, in accordance with established government policies. The court granted leave to appeal, recognizing the need for further examination of the petitioner's claims and the implications of the Service Tribunal's decision.
Summary This case revolves around the interpretation of promotion policies under the Service Tribunals Act of 1973 and the Constitution of Pakistan. The Supreme Court was tasked with determining if a civil servant, despite having average performance reports, can qualify for promotion based solely on remarks from their reporting officer. The Service Tribunal had ruled affirmatively, stating that the civil servant was eligible for a 'move-over' to a higher pay scale. The Federation of Pakistan appealed this decision, arguing that promotions are based on comprehensive assessments rather than isolated comments. This case highlights the complexities of civil service promotions and the legal standards governing them, making it a significant reference for future cases concerning public service evaluations and promotion criteria.
Court Supreme Court of Pakistan
Entities Involved Government of Pakistan, Finance Division (Regulation Wing)
Judges NASIM HASAN SHAH, S. USMAN ALI SHAH
Lawyers M.A. Siddiqi, Ch. Akhtar Ali
Petitioners FEDERATION OF PAKISTAN
Respondents MUMTAZ ALI KHAN
Citations 1990 SLD 1087, 1990 SCMR 1428
Other Citations Not available
Laws Involved Service Tribunals Act (LXX of 1973), Constitution of Pakistan (1973)
Sections 4, 212(3)