| Case ID |
394124d5-3c17-4610-8c4d-a165d9c98f88 |
| Body |
View case body. Login to View |
| Case Number |
Service Appeal No. 1019 of 2017 |
| Decision Date |
Apr 27, 2022 |
| Hearing Date |
Apr 25, 2022 |
| Decision |
The Tribunal dismissed the appeal on the grounds that the appellant, who retired on reaching the age of sixty, could not claim promotion as a vested right. The appellant was not promoted due to the non-framing of promotion rules, and it was emphasized that no retired civil servant could be promoted under the existing rules. The decision underscored that the promotion process requires adherence to the established rules and regulations, which were not in place at the time of the appellant's retirement. |
| Summary |
This case revolves around the dismissal of Service Appeal No. 1019 of 2017 by the KPK Service Tribunal, where the appellant, AHMAD SHAH, sought promotion that he felt entitled to upon retirement. The Tribunal ruled that the lack of existing rules for promotion at the time of the appellant's retirement barred him from claiming such rights. The decision highlighted the importance of established procedures for promotions within the civil service and reinforced the principle that promotions cannot be claimed as a matter of right, particularly after retirement. The ruling referred to the Khyber Pakhtunkhwa Service Tribunal Act, 1974, specifically Section 4, which relates to retirement. This case serves as a critical reference for future civil service promotion disputes, emphasizing the necessity of rules in the promotion process and the limitations placed on retired civil servants regarding claims for promotion. |
| Court |
KPK Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
Kalim Arshad Khan,
Fareeha Paul
|
| Lawyers |
Mr. Muhammad Amin Ayub,
Mr. Muhammad Riaz Khan Painda Khel
|
| Petitioners |
AHMAD SHAH
|
| Respondents |
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar and another
|
| Citations |
2023 SLD 7130,
2023 PLJ 10
|
| Other Citations |
PLD 2008 SC 395
|
| Laws Involved |
Khyber Pakhtunkhwa Service Tribunal Act, 1974
|
| Sections |
4
|