| Case ID |
1af220f3-4e20-4f23-8251-d5b9023b2281 |
| Body |
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| Case Number |
Civil Petition No.371/R of 1988 |
| Decision Date |
Dec 14, 1988 |
| Hearing Date |
Dec 14, 1988 |
| Decision |
The Supreme Court upheld the decision of the Service Tribunal, concluding that the petitioner, Muhammad Ashraf Chaudhry, was not entitled to promotion due to an 'average' record and specific remarks stating 'not fit for promotion' in the Annual Confidential Reports. The court noted that a conscious decision was made by the Department not to recommend him for a Grade-19 post, and thus found no grounds for interference. The petition was dismissed. |
| Summary |
In the case of Civil Petition No.371/R of 1988, the Supreme Court of Pakistan dealt with issues concerning the promotion of civil servants under the Constitution of Pakistan, 1973, and related rules. The petitioner, Muhammad Ashraf Chaudhry, challenged the Service Tribunal's ruling that denied his promotion based on an average performance record and negative remarks in his Annual Confidential Reports. The Supreme Court examined the evidence presented, including the official files that indicated a conscious decision by the Department against recommending the petitioner for promotion. The Court emphasized the importance of adhering to the established rules and standards for civil service promotions, ultimately dismissing the petition. This case highlights critical aspects of civil service regulations and the legal framework guiding promotions, essential for understanding the rights and processes involved in public service careers. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
USMAN ALI SHAH
|
| Lawyers |
Sadiq Muhammad Warraich,
Manzoor Elahi,
M.Bilal
|
| Petitioners |
MUHAMMAD ASHRAF CHAUDHRY
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Establishment Division and others
|
| Citations |
1989 SLD 735,
1989 SCMR 750,
1989 SLD 1291
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
|
| Sections |
212(3),
3(2)
|