| Case ID |
697a4fb9-6c25-4eba-9b3a-e907373c9eb9 |
| Body |
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| Case Number |
Service Appeal No. 1395 of 2019 |
| Decision Date |
Mar 07, 2023 |
| Hearing Date |
Mar 07, 2023 |
| Decision |
The appeal was allowed, directing the respondents to give effect to the promotion of the appellant to the post of SST BPS-16 (General) from 25.7.2017, which is the date of his deferment when his juniors were promoted. The Tribunal found that the deferment was not a punishment but a temporary halt due to the non-production of the service book. Once the deficiency was removed, the appellant was entitled to his promotion with all back benefits. The respondents admitted the fact of entitlement but had deferred the appellant's promotion due to the non-production of his service book, which was later produced and verified, leading to his exoneration. Thus, it was determined that the appellant was not treated in accordance with the law, and the appeal was granted to rectify this injustice. |
| Summary |
This case involves the appeal of Muhammad Arshad Khan against the decision of the Khyber Pakhtunkhwa Education Department regarding his promotion to Secondary School Teacher (SST) BPS-16. The case highlights the application of the Khyber Pakhtunkhwa Service Tribunal Act, 1974, particularly Section 4, which addresses issues of promotion entitlement. The appellant was initially deferred from promotion due to alleged deficiencies in documentation, specifically the service book. However, upon investigation, he was exonerated, and the Tribunal found that his deferment was unjust. It ruled in favor of the appellant, emphasizing that deferment should not be treated as a punishment, but rather as a temporary measure pending resolution of deficiencies. The Tribunal ordered the promotion to take effect from the original date of entitlement, reinforcing the principle that civil servants have the right to be considered for promotion based on merit and without arbitrary delays. This decision reinforces the importance of due process in administrative matters and the need for transparency in promotion procedures within government departments. |
| Court |
Service Tribunal, KPK
|
| Entities Involved |
Not available
|
| Judges |
Kalim Arshad Khan,
Salah-ud-Din
|
| Lawyers |
Mr. Taimur Ali Khan,
Mr. Naseer-ud-Din Shah
|
| Petitioners |
MUHAMMAD ARSHAD KHAN S.S.T., BPS-16 (General) GMS
|
| Respondents |
anothers,
SECRETARY TO THE GOVERNMENT OF KHYBER PAKHTUNKHWA EDUCATION (E&SE) DEPARTMENT, PESHAWAR
|
| Citations |
2024 SLD 4776,
2024 PLJ 22
|
| Other Citations |
2018 PLC (CS) N 170,
2020 PLC (CS) 826,
2018 PLC (CS) (Note) 126
|
| Laws Involved |
Khyber Pakhtunkhwa Service Tribunal Act, 1974
|
| Sections |
4
|