| Case ID |
1650c9d9-f555-4fd9-93bb-5f125f841e57 |
| Body |
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| Case Number |
Writ Petition No.1777 of 2020 |
| Decision Date |
Feb 19, 2021 |
| Hearing Date |
Jan 13, 2021 |
| Decision |
The Islamabad High Court dismissed the constitutional petitions filed by the petitioners seeking antedated promotions at various grades within the Oil and Gas Development Company Limited (OGDCL). The Court ruled that there is no general principle that grants employees the right to antedated promotions solely based on five years of service. The Court emphasized that promotion decisions are based on several criteria, including objective evaluation of performance, and that it cannot interfere in the management's assessment of employee competence. The Court found no procedural impropriety or discrimination in the decisions made by OGDCL regarding promotions. Costs were imposed on the petitioners for filing the petitions. |
| Summary |
In the case of Writ Petition No.1777 of 2020, the Islamabad High Court addressed the issue of antedated promotions within the Oil and Gas Development Company Limited (OGDCL). The petitioners claimed they were entitled to promotions based on their five years of service. However, the Court clarified that promotions are contingent on a comprehensive evaluation of employee performance and competence, as outlined in the Oil and Gas Development Corporation Employees (Service) Regulations, 1994. The Court held that it does not possess the authority to intervene in management decisions that are inherently administrative and policy-driven. The ruling reinforced the principle that judicial review in such matters is limited to ensuring legality and fairness, without stepping into the shoes of the decision-makers. The case highlights the delicate balance between employees' rights to fair treatment and the need for organizations to maintain managerial discretion in promotion practices. This case is significant for employees in public-sector organizations, as it sets a precedent on the boundaries of judicial intervention in administrative matters, particularly regarding promotion criteria and employee evaluations. |
| Court |
Islamabad High Court
|
| Entities Involved |
Oil and Gas Development Company Limited,
OGDCL
|
| Judges |
Babar Sattar,
Taj Muhammad
|
| Lawyers |
Malik Saqib Mehmood,
Muhammad Zubair Sherwani,
Qaiser Hussain,
Khurram M. Hashmi,
Umair Majeed Malik,
Sardar Haseeb Ahmed,
Nauman A. Farooqi
|
| Petitioners |
Taj Muhammad
|
| Respondents |
Oil and Gas Development Company Limited through Manager Director and others
|
| Citations |
2022 SLD 1234,
2022 PLC 712
|
| Other Citations |
Zulfiqar-ul-Husnain and 19 others v. Oil and Gas Development Corporation 2003 SCMR 1115,
Abid Kamal v. OGDCL through its Managing Director and others (C.P.L.A No.1538/2008 decided on 13.10.2009),
Syed Tahir Abbas Shah v. OGDL through M.D. Head Office, Islamabad 2011 SCMR 1912,
Arshad Mehmood Khan v. OGDCL (Writ Petition No.3965 of 2013),
Muhammad Wasal Butt v. OGDC (Writ Petition No.2061 of 2010),
Dossani Travels (Pvt.) Ltd. and others v. Messrs Travels Shop (Pvt.) Ltd. PLD 2014 SC 1,
Asaf Fasihuddin Khan Vardag v. Government of Pakistan 2014 SCMR 676,
Government of Khyber Pakhtunkhwa through Chief Secretary, Peshawar and others v. Hayat Hussain and others 2016 SCMR 1021
|
| Laws Involved |
Constitution of Pakistan, 1973,
Oil and Gas Development Corporation (Employees Service) Regulations, 1994
|
| Sections |
199
|