| Case ID |
d8010693-5033-4b30-a0de-83d23c04b056 |
| Body |
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| Case Number |
Civil Appeals Nos. 57 to 61 of 1981 |
| Decision Date |
Mar 17, 1986 |
| Hearing Date |
Mar 09, 1986 |
| Decision |
The Supreme Court of Pakistan allowed the appeals filed by the Islamic Republic of Pakistan against the judgment of the Service Tribunal, which had improperly ante-dated the appointments of direct recruits, ignoring the actual dates of their appointments. The Court ruled that the Service Tribunal had erred in its interpretation of the law regarding seniority and appointments, particularly under Article 212(3) of the Constitution. The decision emphasized that the appointments should align with the recruitment rules and maintain the prescribed proportion between direct recruits and promotees. The judgment of the Service Tribunal was set aside, reaffirming the need for adherence to established procedures and legal frameworks governing civil service appointments and seniority. |
| Summary |
This case revolves around the appeals filed by the Islamic Republic of Pakistan concerning the Service Tribunal's decision on civil service appointments and seniority. The crux of the matter involved the ante-dating of appointments for direct recruits in the Civil Aviation Department, which was contested due to delays attributed to administrative decisions. The Supreme Court highlighted the importance of following constitutional provisions and established recruitment rules to ensure fairness in civil service appointments. The ruling underscored the necessity of adhering to proper procedures, maintaining the balance between promotees and direct recruits, and ensuring that appointments are made in accordance with the law. Key issues discussed included the interpretation of Article 212(3) of the Constitution, the role of the Service Tribunal, and the implications of administrative delays on the rights of direct recruits. This case is significant for its clarifications on civil service recruitment practices and the legal framework governing such appointments. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Ministry of Defence,
Islamic Republic of Pakistan,
Civil Aviation Department
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Munir A. Shaikh, Deputy Attorney-General instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellant.,
D. M. Awan, Senior Advocate Supreme Court,
S. Ali Imam Naqvi, Advocate-on-Record for Respondent No. 1 (absent),
Mian A. Majid, Advocate Supreme Court,
M. Qasim Imam, Advocate-on-Record (absent)
|
| Petitioners |
ISLAMIC REPUBLIC OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE
|
| Respondents |
4 others,
MUHAMMAD ZAFAR
|
| Citations |
1986 SLD 656,
1986 SCMR 898
|
| Other Citations |
Estacode (1979) pp. 128-130,
Estacode (1979), p. 131
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212 (3)
|