| Case ID |
2b33cfd3-b113-4293-a4b9-018e728f07b5 |
| Body |
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| Case Number |
Civil Petition No. 251 of 1993 |
| Decision Date |
Oct 20, 1993 |
| Hearing Date |
|
| Decision |
Leave is granted to consider the contentions raised on behalf of the petitioners regarding the eligibility of the respondent for promotion as Assistant Engineer. The court found that the respondent did not hold the required diploma in the relevant technology as stipulated under the West Pakistan Water and Power Development Authority Service of Engineers Rules, 1968. The petitioners argued that the respondent's placement in BPS 16 did not qualify him for promotion in the absence of the diploma required for the specific technology. The court agreed to review the previous decision of the Federal Service Tribunal that favored the respondent's appeal for consideration based on his diploma in Drafting and Designing, leading to the grant of leave. The case highlights the importance of adhering to established qualifications for civil service promotions. |
| Summary |
This case revolves around the promotion eligibility of Khushi Muhammad within the Water and Power Development Authority. The central issue was whether he qualified for promotion to Assistant Engineer without holding the necessary diploma as per the Water Wing Service of Engineers Rules, 1968. The Supreme Court of Pakistan considered the arguments presented by both the petitioners and the respondent. The petitioners contended that the absence of the required diploma precluded the respondent's promotion, despite his placement in BPS 16. The court's decision to grant leave indicates the complexity of civil service regulations and the necessity for strict adherence to qualification standards. This case serves as a precedent for future cases regarding promotion criteria in public service and emphasizes the intersection of administrative law with public service regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Water and Power Development Authority
|
| Judges |
ABDUL QADEER CHAUDHRY,
SAJJAD ALI SHAH,
WALI MUHAMMAD KHAN
|
| Lawyers |
Ch. Ghulshan Ham Gulshan, Advocate Supreme Court,
Ch. M. Aslam, Advocate-on-Record
|
| Petitioners |
another,
WATER AND POWER DEVELOPMENT AUTHORITY
|
| Respondents |
KHUSHI MUHAMMAD
|
| Citations |
1994 SLD 672 = 1994 PLC 359
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Water and Power Development Authority (Water Wing) Service of Engineers Rules, 1968,
Constitution of Pakistan (1973)
|
| Sections |
5(2)(a)(ii)(iii),
212(3)
|