| Case ID |
f6ce46cf-6bc7-4c85-8ae1-180986169311 |
| Body |
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| Case Number |
Appeal No. 2 (K) of 1981 |
| Decision Date |
Jan 01, 1984 |
| Hearing Date |
Nov 15, 1983 |
| Decision |
The Tribunal found that the appellant, Muhammad Ikramullah, did not receive a fair evaluation by the Departmental Promotion Committee, which highlighted negative aspects of his record while ignoring positive remarks. The Tribunal ruled that the retirement of the appellant was mala fide and not executed by a competent authority, thus setting aside the retirement order and reinstating him into service. The appellant is deemed to have been inducted into the Inter-Departmental Cadre from May 1981, with all associated financial benefits, and his seniority is to be adjusted accordingly. |
| Summary |
The case revolves around the unfair retirement of Muhammad Ikramullah, a civil servant, after 25 years of service. The Federal Service Tribunal scrutinized the actions of the Departmental Promotion Committee that failed to consider the appellant's positive performance indicators while focusing solely on negative remarks. The Tribunal concluded that the retirement was conducted mala fide, lacking jurisdiction, thus reinstating him to service and confirming his induction into the Inter-Departmental Cadre effective from May 1981. The decision emphasizes the importance of fair treatment in civil service evaluations, particularly in promotion and retirement processes, which is crucial for maintaining morale and trust within government services. This case highlights trending legal themes such as fairness in employment practices, civil service rights, and the implications of jurisdictional overreach in administrative decisions. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Military Accounts Department,
Departmental Promotion Committee,
Pakistan Ordinance Factories
|
| Judges |
MUHAMMAD IRSHAD KHAN,
BRIG. (RECD.) ABDUR RASHID,
MUHAMMAD IKRAMULLAH
|
| Lawyers |
Kanwar Mukhrar Ahmad,
Niaz Ahmad Khan
|
| Petitioners |
MUHAMMAD IKRAMULLAH
|
| Respondents |
2 OTHERS,
SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN
|
| Citations |
1984 SLD 1124,
1984 PLC 360
|
| Other Citations |
State v. Zia-ur-Rahman P L D 1973 S C 49,
Federation of Pakistan v. Saeed Ahmad P L D 1974 S C 151
|
| Laws Involved |
Civil Servants Act,
Service Tribunals Act,
Provisional Constitution Order
|
| Sections |
13(ii),
4,
1
|