| Case ID |
42fa8ec3-7a3e-4373-9eb8-dc92bdf3aeff |
| Body |
View case body. Login to View |
| Case Number |
S.A. No. 06-P of 2021 |
| Decision Date |
Dec 18, 2021 |
| Hearing Date |
|
| Decision |
The appeal of Kaleem Arshad Khan has been allowed. The Tribunal found that the appellant was not assigned his correct seniority along with his batch-mates, despite being appointed after the same selection process. The Tribunal emphasized that the belated appointment orders do not affect his seniority rights, particularly as the Division Bench of the Hon’ble Peshawar High Court had previously raised concerns about the selection process. Therefore, the Tribunal ordered that Kaleem Arshad Khan should be assigned seniority effective from the date his batch-mates were appointed, recognizing his rightful place in the seniority list. |
| Summary |
This case revolves around the seniority dispute of Kaleem Arshad Khan, who challenged the denial of his rightful seniority against his batch-mates in the judicial service. The Peshawar High Court's decision emphasized the importance of maintaining fairness in seniority based on merit. The ruling underscored that appointments made through the same competitive examination should not be fragmented and that seniority should be determined in accordance with the order of merit established by the Selection Committee. This case is significant for civil servants, particularly in the context of judicial appointments and promotions, as it highlights the legal principles governing seniority and the rights of appointed officials. It sets a precedent for future cases involving similar disputes, reinforcing the notion that all candidates selected from a single recruitment process should be treated equitably. This ruling is crucial for ensuring transparency and fairness in the civil service, contributing to the ongoing discourse on public administration and judicial equity. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Ijaz Anwar,
Syed Muhammad Attique Shah
|
| Lawyers |
M/s. Hamid Ali Shah, Advocate,
Barrister Syed Mudassir Ameer, Advocate,
Mr. Khalid Rehman, AAG,
Syed Shakir Hussain Shah, Litigation Assistant
|
| Petitioners |
Kaleem Arshad Khan
|
| Respondents |
,
Peshawar High Court, Peshawar through Registrar
|
| Citations |
2022 SLD 1673,
2022 PLJ 61
|
| Other Citations |
2002 SCMR 889,
1993 PLC (C.S.) 1188
|
| Laws Involved |
Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989,
Khyber Pakhtunkhwa Civil Servants Act, 1973,
Khyber Pakhtunkhwa Civil Servants Rules, 2001
|
| Sections |
8(3),
8(3),
5(c)(ii),
10(a)
|