| Case ID |
eb445eac-16fe-4290-bf4a-868bcd81b908 |
| Body |
View case body. Login to View |
| Case Number |
C.A. No. 1167 of 2020 |
| Decision Date |
Apr 20, 2021 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal of Abdul Sattar Jatoi against the Sindh Service Tribunal's judgment, which had set aside his promotion to the post of Director (Administration, Accounts, Development) in BPS-20. The Court held that the promotion process violated constitutional provisions guaranteeing equality and fair consideration for promotion among civil servants. The Tribunal found that other eligible candidates, including the respondent Ali Abbas, were not considered for promotion, establishing that the rules were amended specifically to benefit Jatoi, undermining the merit-based promotion system. The Court emphasized that the law does not permit selective amendments that favor one individual at the expense of others who are equally or more qualified. |
| Summary |
In the Supreme Court case C.A. No. 1167 of 2020, the Court deliberated on the promotion rights of civil servants under the Sindh Civil Servants Rules and the Constitution of Pakistan. The case arose when Abdul Sattar Jatoi challenged the Sindh Service Tribunal's decision that annulled his promotion to a senior position in the Health Department. The Court found significant flaws in the promotion process, highlighting that only Jatoi was favored through tailored amendments to the rules. The ruling reinforced the principles of equality and non-discrimination in public service, asserting that all eligible civil servants should be given fair consideration based on merit. This case sets an important precedent regarding the integrity of promotion practices within government entities, ensuring that no individual can unduly benefit from rule changes designed to circumvent established procedures. The ruling serves as a crucial reminder of the need for transparency and fairness in civil service promotions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Gulzar Ahmed, CJ,
Ijaz Ul Ahsan, J.
|
| Lawyers |
Mr. M.M. Aqil Awan, Sr. ASC for Appellant.,
Syed M. Saulat Rizvi, Addl. Advocate General, Sindh
|
| Petitioners |
ABDUL SATTAR JATOI
|
| Respondents |
CHIEF MINISTER SINDH through Principal Secretary, Chief Minister Secretariat, Karachi,
Respondent No. 5 (Ali Abbas)
|
| Citations |
2022 SLD 1741,
2022 PLJ 129
|
| Other Citations |
2018 SCMR 349,
2013 SCMR 1752,
PLD 2012 SC 870
|
| Laws Involved |
Constitution of Pakistan, 1973,
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
|
| Sections |
4,
25,
212(3),
9-A
|