| Case ID |
5c91fa31-f3b7-4ec6-8279-fc7cdaa38d59 |
| Body |
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| Case Number |
Writ Petition No. 38 of 2009 |
| Decision Date |
Jun 15, 2011 |
| Hearing Date |
Jun 15, 2011 |
| Decision |
The adjustment and appointment of respondent No. 6 as Assistant Engineer under Office Orders dated 18-03-2009 and 11-04-2009 were declared void due to non-compliance with relevant rules regarding promotions. The court emphasized that the position should have been filled based on seniority and fitness among the awaiting Sub-Engineers. The court ruled that the impugned appointment orders were without lawful authority, thereby vacating the post and directing the authorities to fill it according to the established promotional procedure. |
| Summary |
In the case of Writ Petition No. 38 of 2009, petitioners Muhammad Hassan and others challenged the unlawful adjustment of respondent No. 6 as Assistant Engineer in the Gilgit-Baltistan Chief Court. The case revolved around the principles of promotion rights under the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, specifically Article 71, which governs civil service appointments. The petitioners, who were Sub-Engineers since 1984, had not received promotions for years while respondent No. 6 was appointed in 2005 on a work charge basis. The court found that the authorities violated established rules and procedures by adjusting respondent No. 6 into a permanent position that should have been filled through departmental promotion. The ruling highlighted the importance of adhering to seniority and fitness criteria in civil service promotions, ultimately declaring the adjustment void and ordering the proper filling of the post. This case emphasizes the necessity for transparency and adherence to legal protocols in government appointments. |
| Court |
Gilgit-Baltistan Chief Court
|
| Entities Involved |
Not available
|
| Judges |
Sahib Khan,
Muzaffar Ali
|
| Lawyers |
Anisullah Khan,
Abdul Hameed Haider,
Asstt. A.-G.,
Yawar Hussain,
Muneer Ahmed
|
| Petitioners |
Muhammad Hassan,
Unnamed Petitioner 2,
Unnamed Petitioner 3
|
| Respondents |
Unnamed Respondent 2,
Unnamed Respondent 3,
Unnamed Respondent 4,
Unnamed Respondent 5,
Provincial Government through Chief Secretary G.B. Gilgit
|
| Citations |
2012 SLD 1210 = 2012 PLC 108
|
| Other Citations |
Not available
|
| Laws Involved |
Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009
|
| Sections |
Art. 71
|