| Case ID |
20a62647-7c27-40fd-ba39-a104f795a631 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 69-K of 2017 |
| Decision Date |
Jun 14, 2018 |
| Hearing Date |
Jun 14, 2018 |
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by the Provincial Government against the Sindh High Court's direction to appoint the Respondent in BPS-17 on the deceased civil servant quota. The court highlighted that the appointment process must adhere to the established rules and regulations, emphasizing the importance of following the competitive process for appointments to uphold equal treatment rights under Article 25 of the Constitution. The court found that the High Court had erroneously applied Rule 10-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, which had been repealed, and therefore, the appointment of the Respondent was invalid. The decision reinforces the necessity of adhering to lawful procedures in civil service appointments, ensuring that all citizens are treated equally and fairly in accordance with the law. |
| Summary |
This case revolves around the appointment of a civil servant's child on a deceased quota, challenging the legal framework governing such appointments. The Supreme Court of Pakistan examined the constitutional validity of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, particularly Rule 10-A, which had been repealed. The Court emphasized that all appointments must follow the established competitive processes to protect the rights of all citizens as guaranteed under Article 25 of the Constitution. The ruling clarifies the legal implications of bypassing these processes and reiterates the importance of adhering to lawful procedures in public service appointments. This case is significant in the context of civil service law and serves as a precedent for future cases concerning appointments and promotions within the civil service. Keywords such as civil service appointments, constitutional rights, equal treatment, and Sindh Civil Servants Act are crucial for SEO optimization. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM,
FAISAL ARAB,
SAJJAD ALI SHAH
|
| Lawyers |
Sibtain Ahmed, AAG Sindh,
Ghulam Rasool Mangi, Advocate-on-Record for Appellants,
Zulfiqar Ali Sangi, Advocate Supreme Court,
A. S. K. Ghori, Advocate-on-Record for Respondent
|
| Petitioners |
PROVINCE OF SINDH AND OTHERS
|
| Respondents |
MUHAMMAD TAQI SHAH
|
| Citations |
2018 SLD 2131,
2018 SCMR 1607
|
| Other Citations |
2013 SCMR 1752,
2017 SCMR 838
|
| Laws Involved |
Sind Civil Servants (Appointment, Promotion and Transfer Rules, 1974),
Sindh Civil Servants Act, (XIV of 1973),
Constitution of Pakistan, 1973
|
| Sections |
R.10A,
R.11A,
26,
25
|