Legal Case Summary

Case Details
Case ID 5c878ff9-8a2c-4b48-bdb4-be2e9413487b
Body View case body.
Case Number 1/141 of 1970
Decision Date Oct 13, 1970
Hearing Date
Decision The appeal was accepted in part, directing that the case of the appellant, Ch. Altaf Ahmed, be considered for seniority along with the relevant individuals who were promoted without his case being considered. The court emphasized the need for the Excise and Taxation Sub-Inspectors to be treated as one unified cadre for promotion purposes. The ruling clarified that the seniority should be determined based on the proper consideration of service records, ensuring fair treatment in promotions as per the West Pakistan Excise and Taxation Subordinate Service Rules, 1966.
Summary This case revolves around the promotion and seniority rights of Ch. Altaf Ahmed Waraich, an Excise Sub-Inspector turned Excise and Taxation Inspector. The legal dispute arose from the interpretation of the West Pakistan Excise and Taxation Subordinate Service Rules, 1966, especially concerning Rule 5 and Rule 9, which dictate the promotion process and seniority among officials. The appellant contended that he was not considered for promotion alongside other candidates, as the rules mandate a unified consideration of both Excise and Taxation wings. The Appellate Tribunal found merit in the appellant's arguments, clarifying that promotions must involve a comprehensive evaluation of all eligible candidates regardless of their wing. The decision underscores the importance of adhering to established rules for fairness in civil service promotions. Legal professionals and public service officials should take note of this ruling as it highlights the significance of equal treatment in employment practices within government services.
Court Appellate Tribunal Inland Revenue
Entities Involved Not available
Judges S. A. MAHMOOD (CHAIRMAN), BASHIR AHMAD KHAN, ASHFAQ ALI KHAN
Lawyers Not available
Petitioners Ch. ALTAF AHMED
Respondents 6 OTHERS, MEMBER, BOARD OF REVENUE (EXCISE and TAXATION), WEST PAKISTAN
Citations 1971 SLD 141 = 1971 PLC 12
Other Citations Not available
Laws Involved West Pakistan Excise and Taxation Subordinate Service Rules, 1966
Sections 9, 3, 5