| Case ID |
229e2252-b07d-4c96-bb3e-94787807e3f3 |
| Body |
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| Case Number |
Writ petition No. 6652 of 2004 |
| Decision Date |
Dec 17, 2004 |
| Hearing Date |
|
| Decision |
The Writ Petition was dismissed in limine. The court found that the petitioner, who was a civil servant, failed to meet the required threshold of marks under the heading 'Quality and Output of Work' for promotion from B.S. 19 to 20. The court noted that the argument presented by the petitioner was that the criteria for evaluation had been removed from the new formats for Performance Evaluation Reports. However, the court held that unless a competent Reporting and Countersigning Officer evaluates the quality and quantity of output, it would be impossible to determine the fitness of a civil servant for further promotion. The court emphasized that the determination of fitness for promotion lies within the domain of competent departmental authorities and not within the jurisdiction of the courts. Consequently, the decision of the competent authority to refuse promotion was upheld. |
| Summary |
This case revolves around the promotion of a civil servant from B.S. 19 to 20, which was denied by the Central Selection Board due to the failure of the petitioner to achieve the required 70 marks under the 'Quality and Output of Work' category. The petitioner argued that the criteria for this evaluation had been removed in the new Performance Evaluation Report formats, thereby rendering the refusal to promote him unlawful. The Lahore High Court dismissed the petition, stating that the evaluation of a civil servant's performance is a matter solely for the competent authorities and not for the courts. The ruling underscores the importance of adherence to established evaluation criteria in civil service promotions and clarifies the limitations of judicial intervention in administrative decisions. This case serves as a crucial reference for civil servants seeking promotions, emphasizing the need for compliance with evaluation standards and the role of departmental authorities in promotion decisions. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Syed Aqa Asif Jafferi
|
| Petitioners |
MUHAMMAD YOUSAF ALVI DEPUTY POSTMASTER GENERAL MULTAN
|
| Respondents |
8 others,
FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD
|
| Citations |
2005 SLD 926 = 2005 PLC 607
|
| Other Citations |
Muhammad Zafeer Abbasi v. Government of Pakistan and others 2003 PLC (C.S.) 503
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Service Tribunals Act (LXX of 1973)
|
| Sections |
9,
4
|