| Case ID |
10caec1d-3231-4283-8e81-9b23c2796fb8 |
| Body |
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| 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)
|