Legal Case Summary

Case Details
Case ID 24f8d277-98d1-4f7e-8cb2-7955acddf62d
Body View case body.
Case Number Civil Petitions Nos. 584 and 586 of 1995
Decision Date Nov 18, 1996
Hearing Date Nov 18, 1996
Decision The Supreme Court dismissed the petitions filed by Muhammad Saleem-II, a Stenographer of the Establishment Division, challenging two judgments of the Federal Service Tribunal. The Tribunal had previously ruled that the petitioner was not eligible for promotion to Private Secretary (B-17) as he was not senior to the respondents, all of whom were promoted ahead of him. The petitioner also sought an increase in special pay from Rs.120 to Rs.150, but the Tribunal held that he could not re-agitate the matter since he had already been granted Rs.120 in a prior appeal. Therefore, the Supreme Court found no grounds to interfere with the Tribunal's decision, and leave to appeal was refused.
Summary In this case, Muhammad Saleem-II, a Stenographer, filed petitions against the Federal Service Tribunal's decisions regarding his promotion and special pay disputes. The Supreme Court of Pakistan, upon reviewing the case, upheld the Tribunal's rulings, which found that the petitioner was not entitled to promotion as he was not considered senior to others in the list. Furthermore, the Court ruled that the petitioner could not claim an increase in special pay, as he had previously accepted Rs.120. The case illustrates significant aspects of administrative law and the principles surrounding civil servant promotions and entitlements under the Civil Servants Act. This ruling reinforces the importance of seniority in promotions and the finality of Tribunal decisions in administrative matters.
Court Supreme Court of Pakistan
Entities Involved Establishment Division, Federal Service Tribunal
Judges SAIDUZZAMAN SIDDIQUI, IRSHAD HASAN KHAN
Lawyers Petitioner in person., Nemo for Respondents.
Petitioners Muhammad Saleem-II
Respondents FEDERATION OF PAKISTAN through Secretary, Establishment Division and others
Citations 1998 SLD 1533, 1998 PLC 1043
Other Citations Not available
Laws Involved Civil Servants Act (LXXI of 1973), Constitution of Pakistan (1973)
Sections 9, 212(3)