| Case ID |
1bb74fba-af31-4a84-af33-b8b62e08633f |
| Body |
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| Case Number |
Appeal No.1108 of 2002 |
| Decision Date |
Dec 27, 2002 |
| Hearing Date |
Dec 17, 2002 |
| Decision |
The appeal of Ashfaq Hussain is accepted, and the impugned orders dated January 12, 2002, and April 30, 2002, passed by the Respondents are set aside. The case for pro forma promotion of the appellant from January 31, 1973, when he became eligible for promotion as Extra-Assistant Director Agriculture, will be reconsidered by the Departmental Promotion Committee. This decision acknowledges that the appellant was entitled to promotion from when the vacancy arose in his quota, and the Departmental Promotion Committee must act without further delay to grant the appellant the benefits owed to him. |
| Summary |
In the case of Ashfaq Hussain vs. Chief Secretary to Government of Punjab, the Service Tribunal examined the appellant's entitlement to pro forma promotion as an Extra-Assistant Director Agriculture. The appellant, having served as an Agricultural Assistant since 1969 and completed the required three years of service by January 31, 1973, was eligible for promotion. Despite recommendations for promotion, the Departmental Promotion Committee declined his request, citing no junior had been promoted before him. The Tribunal found that the denial of promotion constituted discrimination, as the appellant's eligibility was established and a vacancy existed at the time he became eligible. The ruling emphasized the importance of adhering to established service rules regarding promotions, particularly in cases where vacancies arise. The Tribunal's decision to accept the appeal underscores the necessity for fair treatment in public service promotions, ensuring civil servants receive their rightful promotions based on established criteria. The ruling highlights key aspects of administrative law and the interpretation of civil service regulations, making it a significant case in the context of service law in Punjab. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Departmental Promotion Committee,
Punjab Agriculture Department
|
| Judges |
JUSTICE (RETD.) RIAZ KAYANI
|
| Lawyers |
Muhammad Arshad Bajwa,
Khadim Hussain Sindhu,
Alamgir,
Ikram-ud-Din Khan
|
| Petitioners |
ASHFAQ HUSSAIN
|
| Respondents |
Respondent No. 9,
CHIEF SECRETARY TO GOVERNMENT OF PUNJAB, LAHORE,
Respondents Nos. 5, 6 and 7
|
| Citations |
2006 SLD 1691,
2006 PLC 491
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (XIII of 1974),
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
8,
4
|