| Case ID |
2513bc5e-97d2-472e-99aa-25a11cef5003 |
| Body |
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| Case Number |
Civil Appeal No. 85 of 1992 |
| Decision Date |
Jan 08, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal, concluding that the appellant's promotion was unjustly denied despite being recommended twice by the Promotion Board. The court emphasized the importance of adhering to regulations governing appointments and promotions, stating that the competent authority must exercise its discretion fairly and not arbitrarily disregard the recommendations of the Promotion Board. The court held that the appellant was entitled to all benefits that would have accrued had he been promoted, and directed the respondent to compute and pay these benefits within three months. |
| Summary |
In the case of WALAYAT ALI MIR vs. PAKISTAN INTERNATIONAL AIRLINES CORPORATION, the Supreme Court of Pakistan addressed significant issues regarding civil service promotion regulations and the discretionary powers of authorities in making such decisions. The case emphasized the necessity for adherence to established regulations, particularly those outlined in the Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985, which govern the eligibility for appointment and promotion within the corporation. The appellant, who had served in the corporation for many years, had his promotion unjustly denied despite multiple recommendations for promotion from the Promotion Board. The court's decision underscored that any arbitrary exercise of discretion by the competent authority, especially when it disregards the recommendations of a qualified board, is not only unfair but also unlawful. The ruling is significant for employees in civil service, as it establishes that even in the absence of a vested right to promotion, deviations from established policies for mala fide reasons can be challenged effectively in court. The court's ruling also highlights the importance of transparency and fairness in administrative actions, reinforcing the principle that authorities must provide justifiable reasons when rejecting recommendations from promotion boards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan International Airlines Corporation
|
| Judges |
SALEEM AKHTAR, J.,
ZIA MEHMOOD MIRZA, J.,
MIR HAZAR KHAN KHOSO, J.
|
| Lawyers |
Jawahar A. Naqvee, Advocate Supreme Court for Appellant,
Anwar Kamal, Advocate Supreme Court
|
| Petitioners |
WALAYAT ALI MIR
|
| Respondents |
PAKISTAN INTERNATIONAL AIRLINES CORPORATION through its Chairman and another
|
| Citations |
1995 SLD 645,
1995 SCMR 650
|
| Other Citations |
Munawar Khan v Niaz Muhammad and others 1993 SCMR 1287,
Ch. Muhammad Insha Ullah and others v. Chief Conservator of Forests (P&E) and others PLD 1988 SC 155,
Federation of Pakistan and others v. Messrs Charsadda Sugar Mills Limited 1978 SCMR 428,
The Montgomery Flour and General Mills Limited v. The Director, Food Purchases, West Pakistan and others PLD 1957 (W.P.) Lah. 914,
Manthar Ali M. Jatoi v. The Government of Sindh 1988 PLC (C.S.) 344
|
| Laws Involved |
Constitution of Pakistan (1973),
Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985
|
| Sections |
212(3),
10,
15,
17
|