| Case ID |
eafb2f77-77fe-43bd-8b40-6013e1c4abdc |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeals Nos. 279 of 2014, 286 and 287 of 201 |
| Decision Date |
Jan 20, 2017 |
| Hearing Date |
Jan 10, 2017 |
| Decision |
The Supreme Court dismissed the appeals, finding that the Service Tribunal's decision was justified in determining the seniority list based on the qualifications and service records of the appellants and respondents. The court emphasized the need for clarity in the appointment process and seniority rules, particularly in the context of the Electricity Department Service Rules. The judgment indicated that the promotions must consider the qualifications and relevant experience of the candidates, and the orders for current charge and officiating promotions were deemed not to confer rights for regular appointments. The court maintained that the seniority should be determined by the date of regular appointments and qualifications attained. |
| Summary |
This case involves civil appeals concerning the seniority and promotion of Sub-Engineers in the Electricity Department of Azad Jammu and Kashmir. It highlights the legal intricacies surrounding the promotion process based on qualifications such as B.Tech (Hons) and B.Sc. Electrical Engineering. The Supreme Court addressed the challenges faced by the appellants who claimed that their seniority was overlooked in favor of junior employees appointed illegally. The court's ruling reinforced the importance of adhering to departmental rules and the principles of fairness in public service promotions. The decision is significant for understanding civil servant rights and the interpretation of seniority laws in the context of public sector employment. Keywords: seniority, promotion, public service, legal rights, Electricity Department, Azad Jammu and Kashmir. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD AZAM KHAN, CHIEF JUSTICE,
RAJA SAEED AKRAM KHAN, JUSTICE
|
| Lawyers |
Abdul Rashid Abbasi,
Raja Akhlaq Hussain Kiyani,
Farooq Hussain Kashmiri,
Raja Amjad Ali Khan,
Kh. Attaullah Chak
|
| Petitioners |
SHOUKAT AZIZ MIR,
MUHAMMAD TUFAIL MIR AND 6 OTHERS,
MUHAMMAD TUFAIL MIR & 10 OTHERS
|
| Respondents |
SECRETARY ELECTRICITY DEPARTMENT, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR & 12 OTHERS,
MUHAMMAD NAZIR SHEIKH & 26 OTHERS,
MUHAMMAD NAZIR SHEIKH & 16 OTHERS
|
| Citations |
2017 SLD 1813,
2017 PLC 1457
|
| Other Citations |
Sanaullah v. Irshad Ahmed Awan and others (Civil Review No. 17 of 2011, decision date: 1.7.2015),
Muhammad Ilyas Khan and 5 others v. Sardar Muhammad Hafeez Khan and 4 others [2002 PLC (C.S.) 1282],
Fida Hussain v. The Secretary Kashmir Affairs and Northern Affairs Division, Islamabad and another [PLD 1995 SC 701],
Raja Javid Ahmed Khan v. Pervaiz Akhtar Abbasi and 5 others [1998 SCR 278],
Muhammad Ilyas Khan and 6 others v. Sardar Muhammad Hafeez Khan and 3 others [2001 PLC (C.S.) 445]
|
| Laws Involved |
Not available
|
| Sections |
Not available
|