| Case ID |
2254ee94-c53f-4956-ab26-64213e550115 |
| Body |
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| Case Number |
Civil Petition No. 249 of 1994 |
| Decision Date |
Nov 29, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in a case concerning the denial of a move over for a civil servant, Ejaz Hussain Malik, by the Departmental Promotion Committee. The Court found that the recommendations of the Selection Committee were discriminatory, void, non-maintainable, and unlawful. The decision emphasized the need to consider the significance of the words 'subject to the condition that they fulfil other conditions according to the existing policy' as articulated in the Government of Pakistan, Finance Division's Office Memo dated 17-05-1992. The Court's ruling highlights the complexities surrounding civil servant rights and the interpretation of administrative policies. |
| Summary |
In the case of Civil Petition No. 249 of 1994, the Supreme Court of Pakistan addressed the issue of move over rights for civil servants, specifically focusing on the appeal of Ejaz Hussain Malik, who was denied a promotion to BPS 19. The Court scrutinized the legality of the Selection Committee's recommendations and found them to be discriminatory and unlawful. The decision underscored the importance of adhering to existing policies and conditions set forth by the Government of Pakistan regarding civil service promotions. This case is significant in the context of administrative law and civil service regulations, as it sets a precedent for the rights of civil servants in Pakistan. The ruling is pivotal for understanding the nuances of promotion procedures and the interpretation of government memos concerning civil service benefits. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal,
Selection Board
|
| Judges |
Saidozzaman Siddiqui,
Mukhtar Ahmed Junejo
|
| Lawyers |
M. Nawaz Abbasi,
Raja Abdul Ghafoor
|
| Petitioners |
Ejaz Hussain Malik
|
| Respondents |
2 others,
Secretary, Finance Division Government of Pakistan
|
| Citations |
1995 SLD 735,
1995 SCMR 878
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Government of Pakistan, Finance Division, Office Memo No.F.7(1) Imp I/92
|
| Sections |
Art. 212(3),
para. 2
|