| Case ID |
e13dfdcd-4bd4-460d-a3a1-ed4e8179fbd9 |
| Body |
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| Case Number |
Civil Petitions Nos. 100 of 1994 and 17 of 1995 |
| Decision Date |
May 30, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in the case where the High Court had previously ruled that Col. Muhammad Hashim Baloch's induction into the Balochistan Civil Service was without lawful authority. The Court noted that the respondents, who initially challenged the induction, were promoted to Grade-20 and no longer contested the petition. Consequently, the appeal was allowed, and the High Court's judgment was set aside, affirming the validity of the petitioner's position in Grade-20. |
| Summary |
In a significant ruling by the Supreme Court of Pakistan regarding the induction of military officers into civilian positions, the case of Col. Muhammad Hashim Baloch was examined. The Court addressed the legality of his appointment to the Balochistan Civil Service in Grade-19, which had been contested by other government officers. The initial ruling by the High Court deemed the appointment unlawful, but subsequent developments, including the promotion of the contesting officers to Grade-20, led to a change in circumstances. This case highlights crucial aspects of civil service regulations and military-civilian transitions, emphasizing the need for adherence to legal protocols in appointments. The Supreme Court's decision not only reinstated the petitioner's position but also underscored the importance of lawful authority in civil service appointments, ensuring that all actions taken align with statutory provisions. Legal professionals and government officials must take note of this ruling as it sets a precedent for future cases involving military personnel in civilian roles, reaffirming the necessity of following due process in public service appointments. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH, C.J.,
IRSHAD HASAN KHAN,
MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
|
| Lawyers |
K.M.A. Samdani, Senior Advocate Supreme Court,
Anwar H. Mir, Advocate-on-Record,
M.W.N. Kohli, Advocate-on-Record,
Yakub K. Eusafzai, Advocate General, Balochistan,
Raja A. Ghafoor, Advocate-on-Record
|
| Petitioners |
Col. MUHAMMAD HASHIM BALOCH
|
| Respondents |
5 others,
MUHAMMAD AFZAL,
Mirani Khan
|
| Citations |
1996 SLD 631,
1996 PLC 668
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973,
Constitution of Pakistan (1973)
|
| Sections |
R. 3,
Art. 185(3)
|