| Case ID |
1a858081-9b20-42bd-86d7-b28091b0ecb4 |
| Body |
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| Case Number |
Civil Appeal No. 733 of 1992 |
| Decision Date |
Jan 15, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal of the appellant, Saleem Akhtar, challenging the decision of the Federal Service Tribunal which had dismissed his appeal regarding his promotion and seniority. The Court held that the appellant's case for promotion was deferred multiple times and he failed to object for over five years while allowing juniors to supersede him. The Court ruled that the delay in raising objections was fatal to his claim for seniority from the date he was first recommended for promotion. Furthermore, the Court found no evidence of discrimination in the handling of his promotion as he could not substantiate claims against other cases of promotion with retrospective effect. The decision emphasized the importance of timely objections in administrative matters. |
| Summary |
This case revolves around the promotion of a civil servant, Saleem Akhtar, who was recommended for promotion to BPS 20 but faced multiple deferrals and ultimately supersession by junior officers. The Supreme Court examined the legality of the Secretary of Establishment's actions in returning the recommendation for reconsideration, which was deemed beyond his authority. The Court underscored the significance of adhering to established conventions in civil service promotions while addressing the delays caused by the appellant in raising objections against his supersession. The ruling highlights the necessity for civil servants to actively monitor their promotion status and challenge any unjust actions promptly. The decision has implications for civil service regulations, particularly concerning promotion protocols and the rights of civil servants to contest decisions impacting their career progression. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal,
Central Selection Board
|
| Judges |
SALEEM AKHTAR, J.,
ZIA MEHMOOD MIRZA, JJ,
MIR HAZAR KHAN KHOSO, JJ
|
| Lawyers |
M. Afzal Siddiqui, Advocate Supreme Court,
Shah Abdur Rashid, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate on-Record,
Imtiaz M. Khan, Advocate on-Record,
Bashir Ahmed, Dy. Attorney General No. 1
|
| Petitioners |
FARIS RAHMAN KHAN
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Establishment Division, Islamabad and others
|
| Citations |
1995 SLD 637,
1995 SCMR 579
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
ESTACODE 1989
|
| Sections |
Art. 212(3),
S. No. 189
|