| Case ID |
2c12f9c4-9293-4461-867e-7ea1785f5fb0 |
| Body |
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| Case Number |
Writ Petition No. 3259-P of 2020 |
| Decision Date |
Feb 23, 2021 |
| Hearing Date |
Feb 23, 2021 |
| Decision |
The court dismissed the constitutional petition, concluding that the petitioner was not entitled to promotion to the post of Deputy Director Sports (BPS-18) based on the legal provisions and university statutes. The petitioner claimed his promotion based on his experience; however, the law required specific criteria for promotion that he did not fulfill. It was determined that the petitioner had been awarded a personal grade rather than an official promotion, and thus could not claim eligibility for the higher post. The court emphasized that any legal requirement must be followed in the specified manner, and the statute provided a clear channel for promotions that the petitioner did not meet. |
| Summary |
In the case of Writ Petition No. 3259-P of 2020 at the Peshawar High Court, the petitioner, Sawab Khan, sought promotion to the post of Deputy Director Sports (BPS-18) based on his extensive experience. However, the court ruled that his claim lacked legal merit as he had only been awarded a personal grade, not a formal promotion, and did not meet the specific criteria outlined in the university's statutes and the Khyber Pakhtunkhwa Universities Act (X of 2012). The court's decision reinforced the principle that legal procedures must be adhered to strictly, emphasizing the importance of following established channels for promotions in accordance with the law. This ruling highlights the legal complexities surrounding employment promotions within educational institutions, particularly in the context of statutory requirements and procedural norms. It serves as a reminder for employees seeking advancement to ensure they meet all legal criteria to substantiate their claims for promotion. |
| Court |
Peshawar High Court
|
| Entities Involved |
Agriculture University, Peshawar
|
| Judges |
MUHAMMAD NAEEM ANWAR, JUSTICE
|
| Lawyers |
Zartaj Anwar for Petitioner,
Muhammad Zafar Tahir Kheli for Respondents
|
| Petitioners |
Sawab Khan
|
| Respondents |
Zartaj Anwar,
The Vice Chancellor Agriculture University, Khyber Pakhtunkhwa, Peshawar
|
| Citations |
2022 SLD 400,
2022 PLC 217
|
| Other Citations |
2020 SCMR 2129,
Muhammad Hanif Abbasi v. Imran Khan Niazi and others PLD 2018 SC 189
|
| Laws Involved |
King Edward Medical University, Lahore Act, 2005,
Khyber Pakhtunkhwa Universities Act (X of 2012)
|
| Sections |
28,
28
|