| Case ID |
4290cefe-c000-46fe-9d17-cdac88e6725f |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.3094 of 2003 |
| Decision Date |
Oct 04, 2004 |
| Hearing Date |
Oct 04, 2004 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the judgment of the Federal Service Tribunal, Islamabad. The Court found that the Tribunal's decision to allow the promotion of the civil servant, Rahat Ali Sherwani, was lawful and consistent with the provisions of the Service Tribunals Act. The Court noted that the civil servant had met the necessary criteria for promotion and had earned multiple good performance evaluations. The petitioners' claims regarding the Tribunal's lack of jurisdiction were rejected, as the Tribunal had acted within its authority under the relevant laws. The Court emphasized the importance of fair consideration in promotion cases and upheld the Tribunal's ruling that the civil servant's seniority should be reckoned from an earlier date, aligning with the promotion of a junior officer. |
| Summary |
This case revolves around the promotion of a civil servant, Rahat Ali Sherwani, who contested the decision of the Service Tribunal that favored his promotion. The Supreme Court of Pakistan reviewed the Tribunal's decision under the Service Tribunals Act and the relevant constitutional provisions. The Court emphasized the significance of fair treatment in civil service promotions and upheld the Tribunal's ruling that Sherwani's seniority should be recognized from the date of his junior's promotion. The case underscores the legal framework governing civil servant promotions and the role of the Service Tribunal in adjudicating such matters. This case highlights the principles of justice and fairness in public service employment, making it a significant reference for future cases involving similar issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Islamabad High Court,
National Savings
|
| Judges |
SYED DEEDAR HUSSAIN SHAH,
SARDAR MUHAMMAD RAZA KHAN
|
| Lawyers |
Nasir Saeed Sheikh, Deputy Attorney-General,
Ch. Muhammad Ikram, Advocate-on-Record,
Shah Abdur Rashid, Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record
|
| Petitioners |
DIRECTOR-GENERAL, NATIONAL SAVINGS
|
| Respondents |
RAHAT ALI SHERWANI, ASSISTANT DIRECTOR, NATIONAL SAVINGS
|
| Citations |
2005 SLD 1122,
2005 SCMR 80
|
| Other Citations |
Deputy Inspector-General of Police, Gujranwala and others v. Anwar Saeed, Inspector Police and others 1997 PLC (C.S.) 584,
Government of Pakistan v. Hameed Akhtar Niazi PLD 2003 SC 110
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4,
212(3)
|