| Case ID |
19e7df3b-d5a7-4a16-8eea-69d84f0d2889 |
| Body |
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| Case Number |
Civil Appeal No. 40-Q of 2018 |
| Decision Date |
Jul 26, 2023 |
| Hearing Date |
Jul 26, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by the Government of Balochistan against the decision of the Balochistan Service Tribunal that directed the creation of a new post for pro forma promotion of Respondent No.1. The Court held that the Tribunal exceeded its jurisdiction by attempting to exercise executive authority, which is reserved for the Government. The ruling emphasized that the creation of a post is a policy decision based on departmental needs and economic factors, which the Tribunal cannot dictate. The Court affirmed that promotions in selection grades depend on the principle of fitness-cum-seniority and reiterated that such matters fall within the prerogative of the Government, thereby setting aside the Tribunal's directions. |
| Summary |
In the case of Civil Appeal No. 40-Q of 2018, the Supreme Court of Pakistan addressed issues related to the jurisdiction of the Balochistan Service Tribunal concerning pro forma promotions. The Tribunal had directed the Government to create a new post for the promotion of a civil servant, which the Court deemed an overreach of authority. The ruling clarified that such decisions are policy-based and lie solely within the executive's purview. The Court also reiterated the principles governing promotions, emphasizing the need for adherence to service rules and the importance of departmental discretion. This case highlights the boundaries of Tribunal powers and the necessity for compliance with established procedures in civil service promotions, aligning with trending discussions on administrative law and service regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Balochistan
|
| Judges |
Amin-ud-Din Khan,
Jamal Khan Mandokhail
|
| Lawyers |
Muhammad Ali Rakhsahani,
Gohar Yaqoob Yousafzai
|
| Petitioners |
CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN
|
| Respondents |
MASOOD AHMED
|
| Citations |
2024 SLD 56,
2024 SCMR 211
|
| Other Citations |
2023 SCMR 803,
(2008) 1 SCC 683,
PLD 2003 Supreme Court 110
|
| Laws Involved |
Balochistan Service Tribunals Act, 1974
|
| Sections |
5(1)
|