| Case ID |
1b023947-fa6b-4398-92d9-39ffad7c1c77 |
| Body |
View case body. Login to View |
| Case Number |
C.R.P. No. 49/2016 |
| Decision Date |
Dec 30, 2016 |
| Hearing Date |
Dec 30, 2016 |
| Decision |
The Supreme Court of Pakistan decided that the out of turn promotions granted under the Punjab Civil Servants Act, 1974 were unconstitutional and against the fundamental rights of civil servants. The Court emphasized that such promotions could not be sustained without proper rules and procedures being in place. It was held that the beneficiaries of any illegal promotions would be reverted, and the rights of deserving officers who were bypassed would be recognized. The judgment outlined the importance of maintaining professionalism and accountability within the police force while addressing issues of fairness in promotions. The Court directed the relevant authorities to comply with its order within a specified timeframe. |
| Summary |
In the landmark case of Shahid Pervaiz vs. Ejaz Ahmad and others, the Supreme Court of Pakistan addressed the legality of out of turn promotions within the Punjab Police under the Punjab Civil Servants Act, 1974. The Court ruled that these promotions violated the principles of fairness and constitutional rights, emphasizing that any statute must be accompanied by appropriate rules to be enforceable. The decision highlighted the detrimental impact of such promotions on the careers of deserving officers, reinforcing the need for a structured and merit-based promotion system in public service. This ruling is pivotal in ensuring accountability and integrity within government institutions, particularly in the police force. The case underscores the importance of upholding civil service regulations, protecting the rights of officers, and maintaining public trust in law enforcement agencies. This decision is expected to set a precedent for future cases involving civil servant promotions and has significant implications for the governance of public service in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER JAMALI, HCJ,
AMIR HANI MUSLIM, JUSTICE,
EJAZ AFZAL KHAN, JUSTICE,
MUSHIR ALAM, JUSTICE
|
| Lawyers |
Mr. Ashtar Ausaf, Attorney General for Pakistan,
Mr. M. Waqar Rana, Addl. Attorney General for Federal Government,
Barrister Khalid Waheed, Asstt. AG Pb. for Govt. of Punjab,
Mr. Ayaz Swati, Addl.AG for Government of Balochistan,
Mr. Shehyar Kazi, Addl. AG Sindh,
Mian Arshad Jan, Addl.AG for Govt. of KPK,
Mian Abdul Rauf, AG for ICT,
Syed Ali Zafar, ASC,
Mr. Zahid Nawaz Cheema, ASC,
Mr. M. Akram Sheikh, Sr. ASC
|
| Petitioners |
SHAHID PERVAIZ ER
|
| Respondents |
EJAZ AHMAD AND OTHERS
|
| Citations |
2017 SLD 994,
2017 PLJ 175
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Civil Servant Act, 1973,
Punjab Civil Servant Act, 1974
|
| Sections |
9-A,
8-A
|