| Case ID |
4686ad19-f2c2-4e7f-87f0-203ebb11e458 |
| Body |
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| Case Number |
Civil Appeal No. 21-D of 1963 |
| Decision Date |
Apr 19, 1966 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the reversion of Abdul Majid Sardar from the post of Ticket Collector to Tally Clerk did not constitute a reduction in rank under Article 181 of the Constitution of Pakistan (1956). The court emphasized that an employee temporarily appointed to a higher position does not hold a substantive rank that can be reduced. The judgment highlighted the importance of official entries in service books as relevant evidence under the Evidence Act, reinforcing that the omission to communicate the temporary nature of promotion does not imply a permanent status. The court found that the District Traffic Superintendent's limited authority was not communicated to the petitioner at the time of promotion, leading to a ruling in favor of the employee's claim for substantive appointment. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed the complexities surrounding temporary promotions within the railway service structure. The case involved Abdul Majid Sardar, a Ticket Collector who was reverted to his previous position as a Tally Clerk. The court analyzed the implications of temporary versus substantive appointments, invoking principles from the Evidence Act and constitutional provisions. The ruling clarified that a temporary promotion does not equate to a permanent appointment, thus protecting the rights of employees against arbitrary reversion. This case serves as a precedent for similar disputes in public service appointments, emphasizing the need for clear communication regarding employment status. Keywords such as 'temporary promotion', 'substantive appointment', 'public service law', and 'employment rights' are crucial for understanding the legal landscape shaped by this verdict. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
East Pakistan Railway Board,
Pakistan Eastern Railway
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
MUHAMMAD YAQUB ALI, J.
|
| Lawyers |
Md. Jane Alam, Senior Advocate Supreme Court,
Mozammal Haq, Advocate Supreme Court,
Ishtiaq Ahmad, Advocate Supreme Court,
Hamayun Kabir Chowdhury, Advocate Supreme Court
|
| Petitioners |
ABDUL MAJID SARDAR
|
| Respondents |
THE CHAIRMAN, EAST PAKISTAN RAILWAY BOARD, CHITTAGONG,
DISTRICT TRAFFIC SUPERINTENDENT, PAKISTAN EASTERN RAILWAY, PAHARTALI, CHITTAGONG
|
| Citations |
1965 SLD 53,
1965 PLD 725
|
| Other Citations |
Not available
|
| Laws Involved |
Evidence Act, (1 of 1872),
Constitution of Pakistan, 1956
|
| Sections |
35,
114(e),
115,
181
|