| Case ID |
391ebd1b-5d06-4857-b9c5-4d2455c78287 |
| Body |
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| Case Number |
Civil Petition No.278 of 2002 |
| Decision Date |
Oct 14, 2002 |
| Hearing Date |
Oct 14, 2002 |
| Decision |
The Supreme Court dismissed the petition filed under Article 212(3) of the Constitution of Pakistan. The case involved a civil servant who was claiming entitlement for promotion before the date established by the Service Tribunal. It was determined that no posts against the promotion quota existed prior to the specified date, and thus the claim for earlier promotion was rejected. The Service Tribunal had already granted the maximum relief possible, and the Supreme Court found no merit in the petition. Consequently, leave to appeal was refused. |
| Summary |
In the case of Civil Petition No.278 of 2002, the Supreme Court of Pakistan addressed a dispute concerning the promotion of a civil servant within Pakistan Railways. The petitioner, Fazal Karim, was seeking recognition for his promotion to a higher post and argued that he was entitled to this promotion from a date prior to the one established by the Service Tribunal. The court examined the circumstances under which certain posts were created and the relevant instructions issued by the Establishment Division. Ultimately, the Supreme Court upheld the Service Tribunal's decision, affirming that the petitioner could not claim promotion prior to the established date as no promotional posts were available. This case highlights important aspects of employment law, particularly within government service, and reinforces the principles governing promotions and the jurisdiction of service tribunals. Keywords to consider in this context include 'promotion disputes', 'civil service law', 'Pakistan Railways employment', and 'judicial review of administrative decisions'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Railways,
Federal Service Tribunal
|
| Judges |
Qazi Muhammad Farooq,
Deedar Hussain Shah,
Muhammad Nawaz Abbasi
|
| Lawyers |
Raja Muhammad Asghar Khan, Advocate Supreme Court,
M.A Zaidi, Advocate-on-Record
|
| Petitioners |
Fazal Karim Divisional Engineer, Pakistan Railways, Rawalpindi
|
| Respondents |
Government of Pakistan through Secretary/Chairman Railways, Islamabad
|
| Citations |
2003 SLD 1033,
2003 PLC 1055
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4,
212(3)
|