| Case ID |
2335bfc5-1f07-4bee-b24a-cc0d6510f918 |
| Body |
View case body. Login to View |
| Case Number |
88(K) of 1987 |
| Decision Date |
Jun 16, 1991 |
| Hearing Date |
Apr 25, 1991 |
| Decision |
The Federal Service Tribunal in Islamabad, presided over by Chairman Syed Ally Madad Shah, dismissed the appeal submitted by Dr. Mrs. Raana Masood Naqvi against her supersession as Principal Research Officer. The tribunal meticulously reviewed the recruitment and promotion protocols within the Defence Science and Technology Organisation (DESTO), highlighting that the appellant lacked the necessary academic qualifications pertinent to the scientific discipline required for the promotion. Despite her seniority, the tribunal found that promotions were administered in alignment with the established departmental rules, which had transitioned from a discipline-based to a seniority-based criteria framework as of 1981. The appellant's arguments for ante-dating her promotion were considered but ultimately rejected due to procedural shortcomings and her lack of requisite qualifications. The tribunal concluded that no injustice was inflicted upon Dr. Naqvi, as her supersession was justified based on her academic credentials and the adherence to the promotion guidelines. Consequently, her appeal was dismissed, and the tribunal upheld the decisions made by the respondent authority regarding her career progression within DESTO. |
| Summary |
In the landmark case of Appeal No. 88(K) of 1987, decided on June 16, 1991, the Federal Service Tribunal in Islamabad deliberated on the supersession of Dr. Mrs. Raana Masood Naqvi from her position as Principal Research Officer within the Defence Science and Technology Organisation (DESTO). The appellant, Dr. Naqvi, a seasoned Research Officer with over two decades of service since 1967, contended that her promotion was unjustly bypassed in favor of her less senior but more academically qualified juniors. She highlighted systemic issues within the promotion criteria, arguing that promotions should be based solely on seniority rather than discipline-specific qualifications, especially after the department's 1981 commitment to this effect before the Sindh High Court.
The tribunal meticulously examined the historical promotion records from 1977 to 1986, noting that while promotions were initially conducted on a discipline-wise basis, a shift to seniority-based promotions was purportedly made in 1981. Despite this shift, Dr. Naqvi's promotions were consistently obstructed due to her lack of a doctorate in the relevant scientific discipline, which was a prerequisite for her role. Her appeals for ante-dating her promotions to reflect her seniority were systematically denied, with the tribunal finding no procedural lapses or injustices in the respondent authority's decisions.
Key legal precedents cited in the case, such as PLD 1990 SC 612 and 1985 PLC (CS) 521, reinforced the tribunal's stance on adhering to established promotion criteria and procedures. The defense, represented by Niaz Ahmad Khan, Standing Counsel for the Government, underscored the importance of maintaining academic standards within scientific roles, a stance that found resonance in the tribunal's final judgment.
This case underscores the delicate balance between meritocracy and seniority in public sector promotions, highlighting the challenges faced by civil servants in navigating bureaucratic hierarchies. It also emphasizes the role of legal institutions like the Federal Service Tribunal in upholding administrative justice and ensuring that promotion protocols are both fair and transparent. For professionals in the civil service and legal practitioners specializing in administrative law, this case serves as a pivotal reference point for understanding the nuances of promotion disputes and the legal frameworks governing them within Pakistan's governmental organizations. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Sindh High Court,
Central Selection Board,
Defence Science and Technology Organisation
|
| Judges |
SYED ALLY MADAD SHAH
|
| Lawyers |
Kanwar Mukhtar Ahmed,
Niaz Ahmad Khan
|
| Petitioners |
Dr. Mrs. Raana Masood Naqvi
|
| Respondents |
3 others,
Prime Minister of Pakistan, Islamabad
|
| Citations |
1993 SLD 1410,
1993 PLC 607
|
| Other Citations |
PLD 1990 SC 612,
1985 PLC (CS) 521,
1991 SCMR 125
|
| Laws Involved |
Not available
|
| Sections |
Not available
|