| Case ID |
7f849fd9-d521-414a-b4f4-e7a3d740f1cf |
| Body |
View case body. Login to View |
| 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)
|