| Case ID |
1a38eeaf-2d5f-48f2-93d1-8729ec37d142 |
| 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 allowed the appeal filed by the Government of Balochistan, setting aside the direction of the Balochistan Service Tribunal to create a new post for pro forma promotion. The Court held that the Tribunal lacked jurisdiction to issue such directives as the creation of posts is a policy decision that falls within the executive authority of the Government. The Court emphasized that the Tribunal cannot exercise powers beyond its mandate and that promotion decisions must adhere to established service rules based on fitness and seniority. The ruling reaffirms the importance of adhering to legal frameworks and the separation of powers within governmental structures. |
| Summary |
This case revolves around a civil servant, Respondent No. 1, who was denied a promotion while serving on deputation. The Balochistan Service Tribunal directed the Government to grant him pro forma promotion by creating a new post. The Supreme Court of Pakistan intervened, ruling that such a directive exceeded the Tribunal's authority and encroached upon executive powers reserved for the Government. The decision highlights the significance of adherence to legal protocols in promotion practices and the necessity for departments to operate within their established frameworks. The case underscores the importance of understanding the roles and limitations of service tribunals in administrative decisions, ensuring that executive functions remain distinct from judicial mandates. The implications of this ruling are critical for future administrative practices regarding promotions and policy decisions within the Government of Balochistan, emphasizing the need for compliance with service rules and the proper exercise of jurisdiction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Amin-ud-Din Khan,
Jamal Khan Mandokhail
|
| Lawyers |
Muhammad Ali Rakhsahani, Additional A.G.,
Gohar Yaqoob Yousafzai, Advocate Supreme Court
|
| Petitioners |
others,
CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN
|
| Respondents |
another,
MASOOD AHMED
|
| Citations |
2024 SLD 2726,
2024 PLC 290
|
| Other Citations |
2023 SCMR 803,
(2008) 1 SCC 683
|
| Laws Involved |
Balochistan Service Tribunals Act, 1974
|
| Sections |
5(1)
|