| Case ID |
d6ad531f-6dab-4922-86a6-c6d58d63c56a |
| Body |
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| Case Number |
Appeals Nos. 15(R) and 16(R) of 1991 |
| Decision Date |
Oct 25, 1992 |
| Hearing Date |
Aug 18, 1992 |
| Decision |
The appeal was dismissed on the grounds of being time-barred and lacking merit. The court found that the appellant's challenge was not against his promotion but the rules established for promotion, which were deemed lawful. The criteria set by the Ministry of Housing and Works for promotion were upheld as the government has the right to amend rules to ensure efficiency in service. The court emphasized that the right to promotion is not vested and can be altered by the government as needed. |
| Summary |
In the case of Mansab Ali vs. Secretary Ministry of Works, the Federal Service Tribunal addressed appeals concerning the promotion criteria set by the Ministry of Housing and Works. The appellant challenged the notification that outlined the qualifications and conditions for promotion from Sub-Engineer to Assistant Engineer in Horticulture. The Tribunal found that the appeal was time-barred and dismissed it, reiterating that the government holds the authority to amend promotion rules. Key issues included the differentiation between departmental candidates and direct appointees, and the necessity for the government to maintain efficiency in civil service. The case highlights the balance between employee rights and administrative prerogatives, emphasizing that the conditions laid out for promotions are within the government's purview to ensure proper standards and qualifications. The decision reaffirmed that promotions are not guaranteed rights, and the rules can evolve to meet the needs of public service. This case is significant in understanding the legal landscape regarding employment rights in government sectors. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
S.M. ISHAQ,
M. ILYAS LODHI,
RANA RIFAT SAEED
|
| Lawyers |
Raja Muhammad Asghar Khan,
Zakaullah Jan
|
| Petitioners |
MANSAB ALI
|
| Respondents |
2 others,
SECRETARY MINISTRY OF WORKS, ISLAMABAD
|
| Citations |
1993 SLD 1497,
1993 PLC 769
|
| Other Citations |
S.S. Qureshi and others v. Foreign Secretary 1985 SCMR 1953,
Chairman, PIAC v. Nasim Malik PLD 1990 SC 951
|
| Laws Involved |
Service Tribunals Act (LXX of 1973)
|
| Sections |
4(1),
4
|