| Case ID |
158d5583-5681-4d32-914d-2b6df2260ac6 |
| Body |
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| Case Number |
Service Appeal No. 13 of 2013 |
| Decision Date |
Oct 17, 2014 |
| Hearing Date |
Oct 17, 2014 |
| Decision |
The appeal was accepted, directing the authority to grant pro forma promotion to the appellant, ASMATULLAH KHAN NIAZI, as Additional District and Sessions Judge from the date his immediate junior was promoted, along with all consequential back benefits. The decision emphasized that the rejection of the representation for pro forma promotion was not justified as the appellant's adverse remarks were treated as advisory. The appeal was filed within the permissible time frame, following the rejection of his representation after seven years of delay by the authorities. |
| Summary |
This case revolves around the appeal of ASMATULLAH KHAN NIAZI concerning his pro forma promotion as Additional District and Sessions Judge, which was denied based on adverse remarks in his Annual Confidential Reports (ACRs). The Punjab Subordinate Judiciary Service Tribunal evaluated the validity of the Authority's decision, emphasizing that the appellant's adverse remarks were treated as advisory. The Tribunal concluded that the delay in considering the appellant's representation was unwarranted and ruled in favor of granting the promotion retroactively. This case highlights the procedural rights of civil servants under the Punjab Subordinate Judiciary Service Tribunal Act, 1991, particularly regarding promotions and the significance of timely decisions in administrative matters. It serves as a precedent for similar cases involving promotion disputes and emphasizes the importance of fair administrative practices within judicial appointments. |
| Court |
Subordinate Judiciary Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE MUHAMMAD FARRUKH IRFAN KHAN,
JUSTICES ABDUS SATTAR ASGHAR,
MUHAMMAD AMEER BHATTI
|
| Lawyers |
Manzoor Hussain Dogar,
Khalid Mian,
Ashfaq Qayyum Cheema
|
| Petitioners |
ASMATULLAH KHAN NIAZI
|
| Respondents |
REGISTRAR
|
| Citations |
2015 SLD 328,
2015 PLC 415
|
| Other Citations |
Muhammad Yaqoob v. District Police Officer, District Sahiwal and 2 others 2006 SCMR 310,
Chief Engineer (North) and another v. Saifullah Khan Khalid 1995 SCMR 776
|
| Laws Involved |
Punjab Subordinate Judiciary Service Tribunal Act, 1991
|
| Sections |
5
|