Legal Case Summary

Case Details
Case ID 2b343a60-6013-47c2-80de-3a7b2d78899e
Body View case body.
Case Number Civil Petition No. 436-L of 1994
Decision Date Dec 18, 1994
Hearing Date Dec 18, 1994
Decision The Supreme Court of Pakistan denied the leave to appeal against the Punjab Service Tribunal's decision, which granted Raja Mumtaz Ahmed out of turn promotion as Superintendent of Police. The court found that the Tribunal correctly recognized the respondent's meritorious service and upheld the promotion from the back date. The Tribunal's decision was based on the provisions of Section 8-A of the Punjab Civil Servants Act, 1974, which allows for such promotions under specified conditions. The court noted that the government's contention against this promotion was without merit, affirming the Tribunal's judgment.
Summary In the landmark case of Civil Petition No. 436-L of 1994, the Supreme Court of Pakistan addressed the issue of out of turn promotions within the Punjab Civil Servants framework. The case revolved around Raja Mumtaz Ahmed, who sought recognition for his outstanding service as a police officer. The court upheld the Punjab Service Tribunal's ruling, which had granted him promotion based on his exceptional contributions, including a significant raid that led to the confiscation of foreign exchange. This decision reinforced the importance of merit-based promotions in the civil service, aligning with the provisions of the Punjab Civil Servants Act, 1974. The ruling is significant for civil servants and advocates specializing in administrative law, as it emphasizes the rights of public servants to seek just recognition for their service. The case highlights the intersection of law and public service, ensuring that merit prevails in promotion policies, thus setting a precedent for similar future cases.
Court Supreme Court of Pakistan
Entities Involved Government of Punjab, Police Department
Judges FAZAL ILAHI KHAN, IRSHAD HASAN KHAN
Lawyers Irfan Oadir, Additional Advocate-General, Punjab, Rao Muhammad Yousaf Khan, Advocate-on-Record for Petitioners, KMA. Samdani, Advocate Supreme Court, Saleem Sahgal, Advocate Supreme Court, Ch. Muhammad Aslam, Advocate-on-Record for Respondent
Petitioners 3 others, THE CHIEF SECRETARY, GOVERNMENT OF PUNJAB, LAHORE
Respondents Raja MUMTAZ AHMED, SUPERINTENDENT OF POLICE, CIA STAFF, RAWALPINDI
Citations 1995 SLD 1561, 1995 PLC 1140
Other Citations 1992 PLC 1029
Laws Involved Punjab Civil Servants Act, 1974, Constitution of Pakistan, 1973
Sections 8-A, Art. 212(3)