| Case ID |
30583327-5af6-4476-98e7-bd671b100e42 |
| Body |
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| Case Number |
Appeal No.17(Q)C.S. of 2006 |
| Decision Date |
Dec 01, 2007 |
| Hearing Date |
Dec 01, 2007 |
| Decision |
The appeal was directed against the original order promoting the respondent No.4 to BS-20, superseding the appellant. The Tribunal found that the appellant had a better service record and quantification score, but the sole factor for the respondent's promotion was a marginally higher quantification score. The Tribunal emphasized that seniority is an essential consideration in promotions unless there are tangible negative factors against the senior. The decision to supersede the appellant was deemed insufficient, and the case for the appellant's promotion was to be reconsidered in accordance with the law. |
| Summary |
In the case of PANAH ALI JUMANI vs. SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD, the Federal Service Tribunal addressed critical issues concerning promotion rights under the Civil Servants Act, 1973. The Tribunal ruled that the appellant, who had consistently demonstrated exemplary service and a strong performance record, was unjustly superseded based on a marginally higher quantification score of a junior colleague. The decision underscored the importance of seniority in promotion decisions within civil service frameworks, advocating for a balanced evaluation of merit that includes performance history, seniority, and the absence of negative factors. This ruling is significant for civil servants seeking clarity on promotion criteria and reinforces the necessity of fair consideration in service evaluations. The outcome promotes transparency and accountability in administrative decisions, making it a pivotal reference point for future cases involving promotion disputes. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE (R) TANVIR BASHIR ANSARI,
ZAHEER AHMED
|
| Lawyers |
M. Shoaib Shaheen,
M. Aslam Uns
|
| Petitioners |
PANAH ALI JUMANI
|
| Respondents |
SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD,
M. Shoaib Shaheen,
M. Aslam Uns,
Rashid Sohail,
Syed Naveed Raza,
Abdus Saboor
|
| Citations |
2008 SLD 1278,
2008 PLC 648
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act, 1973,
Service Tribunals Act, 1973
|
| Sections |
8,
9,
4,
5
|