| Case ID |
3cad8935-99b4-4484-9905-c3d49bc78de0 |
| Body |
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| Case Number |
Writ Petition No. 1870 of 2012 |
| Decision Date |
Sep 04, 2012 |
| Hearing Date |
Sep 04, 2012 |
| Decision |
The Lahore High Court directed that the appeal of the petitioner pending before the Secretary Establishment be decided expeditiously and preferably within a fortnight. The court held that the petitioner had an unblemished service record and that the non-availability of required promotion records was not the fault of the petitioner. The court emphasized that the right to promotion based on seniority and fitness is a vested right and should be considered accordingly. The decision was based on interpretations of the Civil Servants Act and relevant case law, ensuring that the principles of merit and fair assessment were upheld. |
| Summary |
This case revolves around a constitutional petition filed by Parvaiz Akhtar, a civil servant, seeking a decision on his pending appeal regarding antedated promotion. The Lahore High Court, presided over by Justice Ali Baqar Najafi, found that the petitioner had an exemplary service record and that the deferment of his promotion was unjustified due to incomplete records that were not his fault. The court ruled that the right to promotion is a substantial right under the Civil Servants Act, 1973, and that promotions should be based on merit and seniority. The judgment highlighted the importance of timely decisions in such cases and instructed the Secretary Establishment to resolve the appeal swiftly. Keywords: civil servant, promotion rights, Lahore High Court, constitutional petition, merit-based promotion. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI BAQAR NAJAFI, J
|
| Lawyers |
Sahibzada Anwar Hamid,
Sajid Tanoli
|
| Petitioners |
PARVAIZ AKHTAR
|
| Respondents |
FEDERAL GOVERNMENT
|
| Citations |
2014 SLD 180 = 2014 PLC 504
|
| Other Citations |
2010 SCMR 1301,
Writ Petition No.64 of 2007,
2012 SCMR 12
|
| Laws Involved |
Civil Servants Act, 1973,
Constitution of Pakistan
|
| Sections |
9,
199
|