Legal Case Summary

Case Details
Case ID 7f849fd9-d521-414a-b4f4-e7a3d740f1cf
Body View case body.
Case Number Civil Petitions Nos.2715-L to 2724-L of 2002
Decision Date Dec 13, 2002
Hearing Date Dec 13, 2002
Decision The Supreme Court of Pakistan dismissed the petitions filed by the civil servants who were reverted to their substantive posts after being promoted to higher posts that were supposed to be filled through direct recruitment. The court found that the promotions were void ab initio, meaning the petitioners were deemed to have never been promoted. The court upheld the Service Tribunal's decision which restrained the authorities from recovering the difference in pay drawn by the civil servants during their time in higher posts. The court concluded that there was no question of law of public importance involved, and thus, the petitions were dismissed and leave to appeal was refused.
Summary This case revolves around the implications of wrongful promotions and the subsequent reversion of civil servants to their original posts. The Supreme Court of Pakistan addressed the legality of promotions that were not aligned with recruitment rules and the financial recovery of pay from the affected civil servants. The judgment emphasized that promotions made contrary to established laws are invalid from the outset. It highlighted the rights of civil servants to retain pay for duties performed in higher positions, even if those positions were eventually deemed improperly filled. The ruling serves as a precedent for cases involving administrative errors in public service appointments, reinforcing the importance of adherence to recruitment regulations and protecting civil servants from financial penalties due to administrative mistakes. Keywords include 'civil service promotions', 'administrative law', 'Supreme Court decisions', 'public service tribunal', and 'employment law'.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges MUNIR A. SHEIKH, FAQIR MUHAMMAD KHOKHAR
Lawyers Jehangir A. Jhoja, Advocate Supreme Court
Petitioners others, MUHAMMAD AKRAM
Respondents another, THE CHIEF EXECUTIVE
Citations 2003 SLD 1069, 2003 PLC 1189
Other Citations Not available
Laws Involved Punjab Service Tribunals Act, Constitution of Pakistan
Sections S.4, Art. 212(3)