| Case ID |
f7310a1b-dfa2-4e40-8af1-d9bfa8bb2600 |
| Body |
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| Case Number |
C.A. No. 597 of 2020 |
| Decision Date |
Feb 10, 2021 |
| Hearing Date |
Feb 10, 2021 |
| Decision |
The appeal was dismissed by the Supreme Court of Pakistan based on the findings that the notification regarding the change of examination method was not validly issued. The Court found that the Controller General of Accounts did not follow the necessary legal and procedural requirements in amending the examination process for Divisional Accounts Officers. The Respondents had already completed their Part-I examination and training required for promotion, and the Court upheld the High Court's ruling that they were entitled to undergo the examination as per previous regulations. The decision emphasized the importance of adhering to procedural norms in issuing notifications affecting civil servants' rights. |
| Summary |
This case revolves around the legal challenges faced by Divisional Accounts Officers regarding the change in the examination process for their promotion. The Supreme Court of Pakistan upheld the High Court's decision which allowed the Respondents' petition due to the invalid issuance of a notification changing the examination method. The ruling highlighted the failure of the Controller General of Accounts to obtain prior approval from the Federal Government as required by law and the lack of publication in the official gazette. The case reinforces the principles of due process and compliance with the established rules governing civil service appointments and promotions. Keywords such as 'Civil Servants', 'Promotion Examination', 'Supreme Court Decision', 'Legal Compliance', and 'Government Regulations' are crucial for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Ijaz Ul Ahsan, Justice
|
| Lawyers |
Moulvi Ejaz ul Haq, DAG,
M. Mushtaq Khan, Account Officer,
Maqbool Ali, ACGA,
Mr. Sabit Ullah Khan, ASC,
Syed Rafaqat H. Shah, AOR,
Mr. Abdul Latif Afridi, ASC
|
| Petitioners |
CONTROLLER GENERAL OF ACCOUNTS
|
| Respondents |
FAZIL AHMAD, DAO EC (C&W DIVISION HANGU),
Moulvi Ejaz ul Haq, DAG,
M. Mushtaq Khan, Account Officer,
Maqbool Ali, ACGA,
Mr. Sabit Ullah Khan, ASC,
Syed Rafaqat H. Shah, AOR,
Mr. Abdul Latif Afridi, ASC
|
| Citations |
2021 SLD 2172,
2021 PLJ 278
|
| Other Citations |
2016 PTD 2269,
2015 SCMR 269
|
| Laws Involved |
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973,
Constitution of Pakistan, 1973
|
| Sections |
3(2),
199s
|