| Case ID |
eb28e9d7-3daa-4f57-807d-d535ed2a95e5 |
| Body |
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| Case Number |
Writ Petitions Nos. 1269, 1523, 1566, 1453, 1454, |
| Decision Date |
Jul 27, 2015 |
| Hearing Date |
Jul 01, 2015 |
| Decision |
The Islamabad High Court ruled on several writ petitions concerning the denial of promotions to civil servants based on the recommendations of the Central Selection Board (CSB). The court held that promotions should be based on fair and just considerations, emphasizing the need for transparency in the assessment of candidates. The court found that the criteria used for determining fitness for promotions were not applied reasonably and that the petitioners had not been afforded due process. The court directed the Establishment Division to revise the promotion formula, ensuring that all candidates are assessed fairly without arbitrary categorization. The decision reinforces the constitutional rights of civil servants to be considered for promotion based on merit, emphasizing the importance of equal treatment and transparency in government processes. |
| Summary |
The Islamabad High Court delivered a significant judgment regarding the promotion of civil servants, emphasizing the need for fairness, transparency, and adherence to legal standards in the assessment process. This case involved multiple writ petitions challenging the denial of promotions based on the CSB's recommendations. The court underscored that civil servants have a vested legal right to be considered for promotion in accordance with established laws and criteria. The ruling also highlighted the importance of equal treatment of all civil servants, affirming that actions taken on promotions must be just and based on tangible evidence rather than arbitrary decisions. This case is a pivotal reference for future assessments and promotions within the civil service, ensuring that the principles of justice and fairness are upheld in administrative processes. Keywords such as 'civil service promotion', 'judicial review of administrative decisions', and 'transparency in government processes' are essential for understanding the implications of this landmark decision. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAUKAT AZIZ SIDDIQUI, JUSTICE,
SYED IJAZ HUSSAIN
|
| Lawyers |
Abdur Rehman Siddiqui,
Mansoor Beg,
Hafiz S.A. Rehman,
Sardar Taimoor Aslam,
Muhammad Umair Baloch,
Ijaz Anwar,
Muhammad Munir Paracha,
Abdul Rahim Bhatti,
Sajid Ijaz Hotiana,
Yasser Rahim Bhatti,
Muhammad Anwar Mughal,
Zafar Iqbal Chaudhry,
Ch. Asghar Ali,
Nauman Munir Paracha,
Muhammad Aftab Alam Rana,
Barrister Masroor Shah,
Fiaz Ahmed Jandran,
Saeed Khursheed Ahmed,
Muhammad Shabbir Bhutta,
Ahsan Hameed Dogar,
Barrister Muhammad Shoaib Razzaq,
Zulfiqar Ali Safdar,
M. Kowkab Iqbal,
Ghulam Rasool Bhatti,
Ms. Naveeda Noor,
Muhammad Shoaib Shaheen,
Imran Fazal,
Mrs. Misbah Gulnar Sharif,
Khalid Waheed Khan,
Ms. Ambreen Khan,
Muhammad Asif Gujjar,
Rai Azhar Iqbal Kharal,
Barrister Jawad Niazi
|
| Petitioners |
Hafiz S.A. Rehman,
Muhammad Anwar Mughal,
Muhammad Munir Paracha,
Nauman Munir Paracha,
Abdul Rahim Bhatti,
Yasser Rahim Bhatti,
Abdur Rehman Siddiqui,
Ch. Asghar Ali,
Muhammad Aftab Alam Rana,
Barrister Masroor Shah,
Fiaz Ahmed Jandran,
Mansoor Beg,
Saeed Khursheed Ahmed,
Muhammad Shabbir Bhutta,
Ahsan Hameed Dogar,
Barrister Muhammad Shoaib Razzaq,
Zulfiqar Ali Safdar,
M. Kowkab Iqbal,
Sardar Taimoor Aslam,
Ghulam Rasool Bhatti,
Ms. Naveeda Noor,
Muhammad Shoaib Shaheen,
Muhammad Umair Baloch,
Imran Fazal,
Mrs. Misbah Gulnar Sharif,
Zafar Iqbal Chaudhry,
Khalid Waheed Khan,
Ms. Ambreen Khan,
Muhammad Asif Gujjar,
Ijaz Anwar,
Rai Azhar Iqbal Kharal,
Barrister Jawad Niazi,
Sajid Ijaz Hotiana
|
| Respondents |
FEDERATION OF PAKISTAN AND OTHERS
|
| Citations |
2017 SLD 289 = 2017 PLC 115
|
| Other Citations |
1998 SCMR 2268,
2010 SCMR 1301,
PLD 1989 SC 26,
PLD 1991 SC 118,
2003 SCMR 291,
2004 PLC (C.S.) 586,
2010 PLC (C.S.) 515,
2011 SCMR 1,
1993 PLC (C.S.) 576,
Liaqat Ali Chughtai v. Federation of Pakistan and others 2012 PLC (CS) 1062,
Secretary Establishment Division v. Aftab Ahmed Manikan 2015 SCMR 1006,
PLD 1986 SC 168,
PLD 2012 SC 106,
PLD 1965 SC 90,
PLD 1968 Lah. 1630,
2007 SCMR 1355,
2009 PLC (C.S.) 40,
2007 PLC (C.S.) 716,
2007 PLC (C.S.) 811,
2011 PLC (C.S.) 534,
2005 PLC (C.S.) 974,
2007 SCMR 682,
2014 PLC (C.S.) 1134,
PLD 2010 SC 857,
2008 PLC (C.S.) 1121,
2003 PLC (C.S.) 503,
2010 SCMR 130,
Government of Pakistan v. Hameed Akhter Niazi PLD 2003 SC 110,
I.A. Sherwani's case 1991 SCMR 1041,
2006 PLC (C.S.) 564
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973,
Service Tribunals Act (LXX of 1973),
General Clauses Act (X of 1897),
Constitution of Pakistan
|
| Sections |
9,
7,
8,
4(1)(b),
24-A,
199,
212,
4,
25
|