| Case ID |
ec1f95ea-c8b6-467d-94ec-da8dac12761c |
| Body |
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| Case Number |
Civil Appeals Nos. 130 to 132 of 1984 |
| Decision Date |
Sep 20, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court examined whether seniority could be treated as a vested right under the Civil Servants Act, 1973. The Court found that seniority rights of civil servants prior to the enactment of the Act were determined by conditions then prevailing. The appeals were dismissed, confirming that those who qualified during a specific examination period had vested rights for promotion without further selection, while subsequent qualifiers needed to undergo selection processes. |
| Summary |
This case revolves around the interpretation of seniority rights for civil servants under the Civil Servants Act, 1973, particularly in relation to the promotion of Deputy Superintendents in the Central Excise and Land Customs Department. The Supreme Court of Pakistan addressed whether the Service Tribunal could recognize seniority as a vested right and the implications of various examination periods on the promotion process. The ruling emphasized that the rights of civil servants to seniority must be assessed based on the rules and conditions existing at the time of their qualifications. This case is pivotal for understanding employment law and civil service regulations in Pakistan, particularly concerning seniority, promotion criteria, and the rights derived from competitive examinations. Keywords: civil servants, seniority rights, promotion, Supreme Court of Pakistan, employment law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Central Board of Revenue,
Department of Central Excise and Land Customs
|
| Judges |
SHAFIUR RAHMAN,
ABDUL QADEER CHAUDRY,
RUSTAM S. SIDHWA
|
| Lawyers |
Zaheer Ahmed Khan,
Ejaz Ahmad Khan,
Muhammad Afzal Siddiqui,
Manzoor Ilahi,
Ch. Akhtar Ali
|
| Petitioners |
Qazi Waheedud Din,
Ch. ABDUL GHAFOOR,
Muhammad Anis Khan
|
| Respondents |
COLLECTOR OF CENTRAL EXCISE AND LAND CUSTOMS, LAHORE
|
| Citations |
1991 SLD 457 = 1991 PLD 58
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Constitution of Pakistan,
Civil Servants Act, 1973
|
| Sections |
212(3),
8
|