Legal Case Summary

Case Details
Case ID 16b37af5-4025-447b-b173-a12e771294c1
Body View case body.
Case Number Civil Petition No.1423-L of 2007
Decision Date Aug 25, 2008
Hearing Date
Decision The petition for leave to appeal was dismissed. The impugned judgment was found to be just and proper with no illegality or infirmity, leading to the dismissal of the petition and refusal of leave to appeal.
Summary In the Supreme Court of Pakistan case Civil Petition No.1423-L of 2007, decided on August 25, 2008, petitioner Tanveer Shaukat challenged the promotion process within the Punjab Civil Servants Act (VIII of 1974) under Section 8 and the Constitution of Pakistan, 1973 under Article 212(3). Serving as a Process Server in the Civil Court of Narowal since February 14, 1991, the petitioner contested his non-promotion to the post of Naib Nazir despite being eligible. A test was conducted for promotion, and based on merit, respondents Muhammad Ikram and Muhammad Idrees were promoted. The petitioner’s departmental appeal and subsequent appeal before the Punjab Service Tribunal were dismissed. The Supreme Court upheld the impugned judgment, highlighting that the promotions were based on a fair merit-based test conducted by the Departmental Selection Committee (D.P.C.). The court found no irregularities in the promotion process and deemed the judgment just and proper, dismissing the petition and refusing leave to appeal. This case underscores the adherence to meritocratic principles in civil service promotions and the judiciary's role in upholding administrative decisions when procedures are correctly followed. Key legal references include 1983 PLC (C.S.) 652 and 2000 PLC (C.S.) 563, reinforcing the importance of statutory compliance in promotion protocols within the civil service framework.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges SYED SAKHI HUSSAIN BOKHARI
Lawyers Not available
Petitioners TANVEER SHAUKAT
Respondents DISTRICT and SESSIONS JUDGE, NAROWAL
Citations 2009 SLD 1703 = 2009 SCMR 764
Other Citations 1983 PLC (C.S.) 652, 2000 PLC (C.S.) 563
Laws Involved Punjab Civil Servants Act (VIII of 1974), Constitution of Pakistan, 1973
Sections 8, 212(3)