Legal Case Summary

Case Details
Case ID 5c91fa31-f3b7-4ec6-8279-fc7cdaa38d59
Body View case body.
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