| Case ID |
3b9eeaa7-62a2-4843-970c-00ff78adaa23 |
| Body |
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| Case Number |
Civil Petition No.487 of 1993 |
| Decision Date |
Feb 22, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal regarding the promotion of civil servant Syed Israr Ali Chishti. The court found no legal infirmity in the Service Tribunal's decision, which had dismissed the civil servant's appeal based on his failure to challenge the facts alleged by the department effectively. Chishti had opted for a specific post and declined to accept promotion within the department for 14 months, resulting in the promotion of the next junior official. The court emphasized that promotions should follow the principle of seniority and that the department acted correctly in its decisions. The petitioner retained the right to seek reversion to his original cadre and to contest his seniority within the established rules. |
| Summary |
In the case of Civil Petition No.487 of 1993, the Supreme Court of Pakistan addressed the issue of promotion for civil servant Syed Israr Ali Chishti under Article 212(3) of the Constitution of Pakistan (1973). The court ruled that Chishti's appeal was rightly dismissed by the Service Tribunal due to his inaction in rebutting the department's factual assertions. After opting for a specific post and delaying acceptance of an Assistant Incharge promotion for over a year, the next junior employee was promoted based on seniority. The court reaffirmed the importance of adhering to seniority rules in promotions and clarified that Chishti could still seek reversion to his original cadre to contest his seniority. This case highlights the significance of timely actions by civil servants in promotion matters and the court's stance on maintaining proper administrative procedures. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab
|
| Judges |
AJMAL MIAN,
SAJJAD ALI SHAH,
SALEEM AKHTAR
|
| Lawyers |
Sabih-ud-Din Ahmed,
Mrs. Majida Rizvi
|
| Petitioners |
Syed ISRAR ALI CHISHTI
|
| Respondents |
5 others,
THE FEDERATION OF PAKISTAN through Secretary to the Ministry of Interior, Islamabad
|
| Citations |
1994 SLD 410,
1994 PLD 564
|
| Other Citations |
1991 SCMR 696
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|