| Case ID |
2fa41ff6-8102-4752-95ee-49321f6bf5a6 |
| Body |
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| Case Number |
452(P)CS of 2021 |
| Decision Date |
Jun 28, 2022 |
| Hearing Date |
Jun 27, 2022 |
| Decision |
The appeal was dismissed due to the failure of the appellant to explain the delay in filing the appeal after retirement. The tribunal found that no junior of the appellant had been promoted to a higher grade before his retirement, and the decision made by the Junior Level Committee was in accordance with the guidelines. The tribunal highlighted the importance of timely appeals and adherence to procedural requirements. The court emphasized that retrospective pro forma promotions for retired officers are not permissible under the law, reinforcing the principle that promotions should be based on merit and timely applications. |
| Summary |
In the case of Ashraf Ali Shah vs. Government of Pakistan, the Federal Service Tribunal deliberated on the appellant's appeal for pro forma promotion after retirement. The core issue revolved around the refusal of the appellant's request based on seniority and promotion criteria outlined in the Service Tribunals Act, 1973. The tribunal underscored the significance of timely appeals, noting that the appellant filed his appeal nearly three years post-retirement without a reasonable explanation for the delay. The decision also referenced previous judgments that established the legal precedent against granting retrospective promotions to retired officials. This case serves as a crucial reference for understanding the procedural norms and legal limitations surrounding civil service promotions, especially in the context of retirement and seniority. Legal professionals should take note of the implications of this case on future appeals concerning promotions and the necessity of adhering to established timelines and protocols. Keywords: civil service, pro forma promotion, retirement, legal precedent, Service Tribunals Act. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
Asim Akram,
Muhammad Mushtaq Jadoon
|
| Lawyers |
Mr. Shabbir Ahmed Bhutta,
Mr. Anwar Mughal
|
| Petitioners |
Ashraf Ali Shah
|
| Respondents |
Government of Pakistan through Chairman, Federal Board of Revenue Islamabad and others
|
| Citations |
2022 SLD 1834,
2022 PLJ 119
|
| Other Citations |
2006 SCMR 1324,
PLD 2003 SC 110,
2008 SCMR 663,
2006 PLC (CS) 1034
|
| Laws Involved |
Service Tribunals Act, 1973
|
| Sections |
4
|