| Case ID |
42441930-468d-485a-9999-e1710461935d |
| Body |
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| Case Number |
D-2220 of 1992 |
| Decision Date |
Oct 26, 1994 |
| Hearing Date |
Oct 25, 1994 |
| Decision |
The petition filed by Dr. Muharram Ali Sanjrani sought various reliefs related to promotion and benefits within the Pakistan Space and Upper Atmosphere Research Commission (SUPARCO). The court determined that while the right to be considered for promotion is vested, the right to promotion itself is not. The petitioner was not promoted due to lower performance metrics compared to junior colleagues, which was documented by the Departmental Promotion Committee. The court emphasized that it cannot interfere with the administrative authority's judgment regarding fitness for promotion, thereby dismissing the petition without costs. |
| Summary |
In the case of Dr. Muharram Ali Sanjrani vs. SPACE AND UPPER ATMOSPHERE RESEARCH COMMISSION, the Sindh High Court addressed the issue of promotion rights within government service. The petitioner, a senior scientific officer, contended that he was unjustly denied promotion despite his qualifications, arguing that the denial was mala fide. The court clarified that while individuals have a vested right to be considered for promotion, the actual promotion is contingent upon performance metrics, which in this case, were unfavorable for the petitioner. The ruling underscored that courts cannot intervene in administrative decisions unless clear malfeasance is proven. This case highlights critical aspects of employment law, promotion eligibility, and the balance of power between civil servants and administrative authorities, making it significant for legal practitioners and government employees alike. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Space and Upper Atmosphere Research Commission
|
| Judges |
ABDUL RAHIM KAZI,
ABDUL MAJEED KHANZADA,
Dr. MUHARRAM ALI SANJRANAI
|
| Lawyers |
Ashiq Hussain Mehr,
Farooq H. Naik
|
| Petitioners |
Dr. MUHARRAM ALI SANJRANAI
|
| Respondents |
others,
SPACE AND UPPER ATMOSPHERE RESEARCH COMMISSION
|
| Citations |
1995 SLD 1543,
1995 PLC 1057
|
| Other Citations |
Muttaqi Hussain Rizvi v. Province of Sindh and another PLD 1978 Kar.703,
Muhammad Anwar v. The Secretary, Establishment Division, Rawalpindi and 2 others PLD 1992 SC 144,
Air Vice Marshall S.L. Chapra v. Union of India and 4 others 1993 SUPP (4) SC 444,
A. Iqbal Qadri v. Federation of Pakistan and others C.P. No. D-1545 of 1994
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199,
212
|