| Case ID |
1f5e9939-1bd0-470e-82f0-73a536bfb8cb |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 862-L of 1995 |
| Decision Date |
Oct 18, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused to interfere with the judgment of the Punjab Service Tribunal which had remitted the case back to the Secretary of the Agriculture Department for appropriate orders on the recommendation of the Departmental Promotion Committee (DPC). The Court affirmed that the Services and General Administration Department had no authority to approve or disapprove the DPC's recommendations, emphasizing the Secretary's sole competency in this matter. The petitioners' appeal was dismissed, and leave to appeal was refused, underscoring the importance of following procedural regulations in civil service promotions. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan deliberated on the authority of the Services and General Administration Department concerning the recommendations made by the Departmental Promotion Committee for the promotion of civil servants. The Court upheld the Service Tribunal's decision, which had determined that the Secretary of the Agriculture Department held the exclusive power to evaluate and act upon such recommendations. This case is significant for understanding the legal framework governing civil servant promotions in Pakistan, particularly in relation to the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. It reinforces the principle that eligibility for promotion does not guarantee selection, as the process is fundamentally based on merit and the discretion of the appropriate authorities. The ruling serves as a critical reference for future cases involving civil service promotions and administrative law, ensuring that procedural integrity is maintained in public service management. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
ZIA MAHMOOD MIRZA
|
| Lawyers |
Hafiz Tariq Nasim, Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate-on-Record,
Lal Khan, Advocate Supreme Court,
S. Abul Asim Jafri, Advocate-on-Record,
Walayat Umar Chaudhry, Advocate Supreme Court
|
| Petitioners |
MUHAMMAD ASLAM,
MUHAMMAD ANWAR RAHI
|
| Respondents |
4 others,
MUHAMMAD AFZAL KHAN
|
| Citations |
1996 SLD 681,
1996 PLC 795
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974,
Constitution of Pakistan (1973)
|
| Sections |
R. 6,
Art. 212(3)
|