| Case ID |
39ab976d-6d55-4010-876f-897d2a7becd0 |
| Body |
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| Case Number |
Civil Appeal No.2281 of 2006 |
| Decision Date |
Feb 21, 2007 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the order passed by the Service Tribunal was set aside. The court found that the respondent, being a diploma-holder in the Water Wing, could not be placed in the time scale BS-18 and subsequently promoted to BS-19 as per the rules applicable to the Power Wing. The court held that the provisions of Article 25 of the Constitution were not applicable in this case as there was no discrimination against the respondent, given that different rules governed different wings of the service. The judgment emphasized that the classification of employees based on their qualifications and the distinct functions of their roles was reasonable and justified. |
| Summary |
In the case of 'WATER AND POWER DEVELOPMENT AUTHORITY vs MUHANIMAD JEHANGIR ASIF', the Supreme Court of Pakistan addressed issues regarding the promotion of Junior Engineers within different wings of the Water Authority. The respondent, a Junior Engineer in the Water Wing, challenged the decision that granted time scale promotions to several officers in the Power Wing while he was overlooked. The court ruled that the respondent, being a diploma holder, was not eligible for the same promotion rules that applied to graduate engineers in the Power Wing. The ruling emphasized the necessity of distinct rules for different disciplines within the organization to avoid unjust comparisons. The decision reinforces the importance of adhering to qualifications and the specific rules governing each category of employees, thereby ensuring fair treatment under the law without violating constitutional principles of equality. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal,
WATER AND POWER DEVELOPMENT AUTHORITY
|
| Judges |
RANA BHAGWANDAS,
HAMID ALI MIRZA
|
| Lawyers |
Aurangzeb Mirza, Advocate Supreme Court
|
| Petitioners |
WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and others
|
| Respondents |
MUHANIMAD JEHANGIR ASIF
|
| Citations |
2007 SLD 1516 = 2007 SCMR 1900
|
| Other Citations |
Muhammad Rafique and others v. Managing Director (WAPDA) and others 1995 PSC 1236
|
| Laws Involved |
Pakistan Water and Power Development Authority (Water Wing) Service of Engineers Rules, 1968,
Constitution of Pakistan (1973)
|
| Sections |
R. 5(2),
Art.25
|