| Case ID |
5127beaa-4b6d-41b2-9f5d-3d5a337c86ae |
| Body |
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| Case Number |
Civil Appeal No.50 of 1990 |
| Decision Date |
Dec 14, 1991 |
| Hearing Date |
Dec 03, 1991 |
| Decision |
The appeal was dismissed as the appellant failed to establish his locus standi to challenge the promotion of Abdul Rehman. The court held that a civil servant challenging another's appointment must demonstrate that he was an aggrieved person and had a chance for consideration for the post. Since the appellant was not found qualified for the promotion and the relevant quota had been exhausted, the appeal lacked merit. |
| Summary |
In this case, the Supreme Appellate Court of Pakistan addressed the appeal from a decision of the Service Tribunal regarding the promotion of Abdul Rehman Abbasi to the position of Naib-Tehsildar. The appellant, who was serving as Qanoongo, challenged this promotion, claiming he was entitled to it based on his position as a Girdawar. The Service Tribunal initially ruled in favor of the appellant, but upon appeal, the Supreme Appellate Court found that the appellant could not demonstrate that he was an aggrieved person as required under the Azad Jammu and Kashmir Service Tribunal Act, 1975. The court clarified that a civil servant could only challenge the appointment of another if they had been qualified for consideration at the time of the appointment. The court's final decision emphasized the importance of demonstrating aggrievement in civil service disputes, ultimately dismissing the appeal and upholding the promotion of Abdul Rehman. This case highlights critical aspects of administrative law and civil service regulations, particularly in the context of the Azad Jammu and Kashmir legal framework. |
| Court |
Supreme Appellate Court, Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SARDAR SAID MUHAMMAD KHAN, C.J.,
BASHARAT AHMAD SHAIKH, J
|
| Lawyers |
Mr. Ghulam Mustafa Mughal, Advocate
|
| Petitioners |
Abdul Rehman Abbasi
|
| Respondents |
Syed Shaukat Hussain Gillani
|
| Citations |
1992 SLD 531,
1992 SCMR 369
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Service Tribunal Act, 1975,
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
4,
42
|