| Case ID |
301746f6-2cac-448c-9b03-c2375bff71e3 |
| Body |
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| Case Number |
Appeals Nos.177(R)(CS), 201(R)(CS), 283(R)(CS) and |
| Decision Date |
Jul 28, 2004 |
| Hearing Date |
Jul 01, 2004 |
| Decision |
The appeals have been accepted, directing that the seniority of all parties be restored to their respective positions as per the 1993 seniority list. The appellants are to be considered for promotion to BPS-19 from the date they became eligible. The tribunal found that the promotion of respondent No.3 was based on an illegality and misapplication of the law regarding seniority, thus revoking his promotion and restoring the rightful positions of the appellants. |
| Summary |
This case revolves around the appeals made by four civil servants against the promotion of Maj. (Retd.) Muhammad Arshad Mirza in the Office Management Group. The appellants argued that they were senior to Mirza and had been unjustly overlooked for promotion to BPS-19, which was granted to Mirza by misapplying the Compulsory Service in the Armed Forces Ordinance. The tribunal found that the promotions were based on an illegality and restored the seniority of the appellants as per the 1993 seniority list. The decision emphasizes the importance of adhering to established laws and procedures in promotion decisions within public service. This case highlights issues of seniority, promotion eligibility, and the legal interpretations surrounding civil service regulations. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
FEDERATION OF PAKISTAN,
Establishment Division,
Defence Division
|
| Judges |
NAZAR MUHAMMAD SHAIKH,
HASAN RAZA PASHA
|
| Lawyers |
Abdul Rahim Bhatti,
Abdur Rashid Saqib,
Jawaid Aziz Sandhu,
Mehboob Alam,
Lt.-Col. Iqbal Hashmi,
M. Shoaib Shaheen
|
| Petitioners |
MUNIR AHMED,
AZIZUR-REHMAN MALIK,
WAQAR AHMED,
AKHTAR JAN
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Establishment Division, Islamabad,
Maj. (Retd.) Muhammad Arshad Mirza
|
| Citations |
2007 SLD 1927,
2007 PLC 448
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Service Tribunals Act (LXX of 1973)
|
| Sections |
9,
4
|