| Case ID |
367b184e-a4f8-4434-8094-f1ba17140242 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No 550- |
| Decision Date |
Nov 13, 1983 |
| Hearing Date |
Nov 13, 1983 |
| Decision |
The Supreme Court of Pakistan ruled that leave to appeal was refused from the judgment of the Central Service Tribunal dated 11-5-1983, which allowed the respondent's service appeal. The court elaborated that the questions of eligibility and consideration for promotion are distinct from questions concerning the prospects of promotion. The Deputy Attorney-General argued based on a prior case that the Tribunal could not interfere with promotion orders, as no appeal was competent in this regard. The court concluded that no significant question of law pertaining to public importance was involved, leading to the refusal of the leave to appeal under Article 212 of the Constitution. |
| Summary |
In the case of Civil Petition for Special Leave to Appeal No 550-R of 1983, the Supreme Court of Pakistan addressed the issue of promotion eligibility within the civil service framework. The case stemmed from a decision by the Central Service Tribunal that favored the respondent, Ramzan Muhammad Chaudhry, in a service appeal regarding promotion. The court emphasized the distinction between eligibility and prospects of promotion, ruling that the Tribunal lacked the authority to alter promotion decisions made by the competent authority. The Deputy Attorney-General cited a precedent to support this stance, arguing that the Tribunal's interference was unwarranted. Ultimately, the Supreme Court determined that the matter did not raise any question of law of public importance, thus denying the leave to appeal. This case highlights the legal nuances surrounding civil service promotions and the limitations of judicial review in administrative decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M. S. H. QURAISHI
|
| Lawyers |
Munir A. Sheikh, Deputy Attorney-General,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
FEDERATION OF PAKISTAN
|
| Respondents |
RAMZAN MUHAMMAD CHAUDHRY
|
| Citations |
1984 SLD 760,
1984 SCMR 1051
|
| Other Citations |
Dr. Ehsan-ul-Haq v. The Province of Punjab and others 1980 SCMR 972
|
| Laws Involved |
Constitution of Pakistan (1973),
Service Tribunals Act (LXX of 1973)
|
| Sections |
Art. 212(3),
S. 4
|