| Case ID |
15a5358c-afe8-4468-bd22-ab5d374b735f |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.2261-L of 19 |
| Decision Date |
Jan 12, 1997 |
| Hearing Date |
Jan 12, 1997 |
| Decision |
The Supreme Court of Pakistan refused leave to appeal against the decision of the Punjab Service Tribunal which had ordered the promotion of the respondent. The Tribunal had determined that the petitioner was eligible for promotion under the relevant rules, and the promotion had been conducted in accordance with the prescribed procedures. The court held that the government had the authority to decide on the qualifications necessary for promotion and that the Pakistan Engineering Council did not have the power to deny the promotion based on academic qualifications. The decision of the Tribunal was upheld and the appeal was dismissed. |
| Summary |
In the case of Raja ATTA ULLAH vs. SHABBIR AHMAD CHUGHTAI and others, the Supreme Court of Pakistan addressed issues surrounding civil servant promotions and qualifications under the Punjab Civil Servants Act and Pakistan Engineering Council Act. The case highlighted the jurisdiction of the government in determining eligibility for promotion based on qualifications and the roles of various authorities in the promotion process. The court upheld the decision of the Punjab Service Tribunal that had granted promotion to the respondent, emphasizing that the promotion was lawful and followed due process. The judgment reaffirmed the principle that while the Pakistan Engineering Council can equate qualifications, it cannot dictate promotion eligibility. This case serves as a significant reference in administrative law and civil service regulations, relevant for legal practitioners and civil servants alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
MUKHTAR AHMAD, JUNEJO
|
| Lawyers |
Maqbul Elahi Malik, Senior Advocate Supreme Court,
Kh. Mushtaq Ahmad, Advocate-on-Record,
K.M.A. Samdani, Senior Advocate Supreme Court,
Hafiz Tariq Naseem, Advocate Supreme Court,
Ch. Muhammad Aslam, Advocate-on-Record
|
| Petitioners |
Raja ATTA ULLAH
|
| Respondents |
SHABBIR AHMAD CHUGHTAI and others
|
| Citations |
1998 SLD 1225,
1998 SCMR 259
|
| Other Citations |
1996 PLC 44
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Pakistan Engineering Council Act (V of 1975),
Constitution of Pakistan (1973)
|
| Sections |
9,
2(j),
2(k),
8,
212(3)
|