Legal Case Summary

Case Details
Case ID 20a2b91a-629b-4feb-94c9-c6b1c350888a
Body View case body.
Case Number Intra-Court Appeal No. 303 of 2011 in W.P. No. 216
Decision Date Feb 19, 2014
Hearing Date Feb 19, 2014
Decision The Lahore High Court dismissed the Intra-Court Appeal filed by the Chief Commissioner Inland Revenue, RTO Lahore, against the order of the learned Single Judge which allowed the writ petition for up-gradation of posts for the Inland Revenue Audit Officers. The Court held that the respondents, who were Senior Auditors before their re-designation, were entitled to similar treatment as Audit Officers in other departments that had been upgraded in line with the policy issued by the Federal Government. The Court emphasized that discrimination in the application of such policies is against the principles of good governance and equity, thus ruling in favor of the respondents.
Summary The case revolves around the issue of the up-gradation of posts for Inland Revenue Audit Officers, who argued that they were unfairly denied the upgrades that were granted to similar positions in other departments. The Lahore High Court ruled in favor of the respondents, emphasizing the importance of equitable treatment in civil service matters. The judgment highlighted the need to uphold the principles of good governance and to prevent discrimination among civil servants. The decision reinforced the notion that once a policy is established, it should be applied uniformly across similar cases, ensuring that all civil servants benefit from legal precedents set by higher courts. The implications of this judgment extend to future cases involving civil service up-gradation and the equitable treatment of public servants under the law.
Court Lahore High Court
Entities Involved Federal Government, Establishment Division, Inland Revenue Department
Judges ABDUS SATTAR ASGHAR, MUHAMMAD KHALID MEHMOOD KHAN
Lawyers Ibrar Ahmad, Saeed Ahmad Zaidi, Ch. Sikandar Khan, Muhammad Iqbal Akhtar
Petitioners MUHAMMAD AFZAL KHAN, 41 others
Respondents CHIEF COMMISSIONER INLAND REVENUE, RTO, LAHORE
Citations 2015 SLD 3116, 2015 PLC 1404
Other Citations Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others PLD 1996 SC 1185, Dr. Zahoor Mehdi v. Chief Election Commissioner of Pakistan/Returning, Officer for Presidential Election, Islamabad and 8 others PLD 2009 SC 1, Abdul Hameed-Anjum and others v. Federation of Pakistan and others PLD 2010 SC 857
Laws Involved Constitution of Pakistan, Law Reforms Ordinance
Sections 212, 199, 3