Legal Case Summary

Case Details
Case ID ed2538ad-24ac-4b06-bde6-ddff0b769631
Body View case body.
Case Number Appeal No.772 of 2001
Decision Date Jul 26, 2001
Hearing Date Jul 21, 2001
Decision The appeal was accepted, and the order of the respondent dated 13-3-2001 was set aside. The appellant, Dr. Muhammad Yousaf, was deemed to have been promoted to the post of Associate Professor effective from January 1996. However, the order was subject to the final decision in Writ Petition No. 6271 of 1995. The appellant was not entitled to any monetary benefits arising from this ante-dated promotion until the final decision in the referenced writ petition.
Summary In this case, Dr. Muhammad Yousaf, an Associate Professor in Operative Dentistry, appealed against the deferral of his promotion that was initially due in January 1996. The Service Tribunal of Punjab examined the circumstances surrounding his delayed promotion, which was attributed to administrative inefficiencies rather than any fault on his part. The Tribunal highlighted that a government servant has the right to claim a vacant post for which they are fully qualified and should be promoted timely to avoid unjust delays. The case references prior judgments emphasizing the importance of adherence to rules governing promotions and the principle of fairness in administrative actions. The Tribunal ruled in favor of the appellant, asserting that he should have been promoted in line with his qualifications and seniority, thus rectifying the administrative oversight. This ruling underscores the essential principles of justice and fairness in public service promotions.
Court Service Tribunal, Punjab
Entities Involved Not available
Judges JUSTICE (RETD.) RIAZ KAYANI
Lawyers Mahmood Ahmad Qazi, Khadim Hussain Sindhu
Petitioners Dr. MUHAMMAD YOUSAF
Respondents GOVERNMENT OF PUNJAB through Chief Secretary, Civil Secretariat, Lahore
Citations 2002 SLD 1889, 2002 PLC 1071
Other Citations Walayat Ali Mir v. Pakistan International Airlines Corporation 1995 SCMR 650
Laws Involved Not available
Sections Not available