| Case ID |
f800a8f7-d614-4048-b408-e2785ea6f22b |
| Body |
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| Case Number |
Civil Appeal No. 485 of 2020 |
| Decision Date |
Nov 27, 2020 |
| Hearing Date |
Nov 27, 2020 |
| Decision |
The Supreme Court of Pakistan ruled on the matter of the encadrement of police officers from the provinces, emphasizing that appointments under the Police Service of Pakistan must be prospective and not retrospective. The Court concluded that the inter se seniority of encadred officers shall only be determined after the official encadrement as a PSP Officer has taken place. The appeal was allowed, and the previous order by the Federal Service Tribunal was set aside, reaffirming the principle that appointments in the Police Service must follow the rules laid out in the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985. |
| Summary |
This case illustrates the legal principles governing the encadrement and seniority of police officers within the Police Service of Pakistan. It focuses on the interpretation of the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985, particularly Rule 11(2)(c), which determines the seniority of encadred officers from the provinces. The Supreme Court highlighted the necessity of prospective appointments, thereby ensuring that individuals inducted into service are not unfairly relegated to junior positions due to prior vacancies. The case reaffirms the importance of adhering to established legal frameworks in employment law, particularly within public service sectors, and underscores the Court's commitment to fairness and justice in administrative decisions. This ruling has significant implications for future cases involving public service appointments and encadrement, making it a pivotal reference point for legal practitioners and public service officials alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN,
MUNIB AKHTAR
|
| Lawyers |
Ayaz Shaukat, Deputy Attorney General for Pakistan,
Sajid-ul-Hassan, Section Officer Establishment Division for Appellant,
Muhammad Yasin Bhatti, Advocate Supreme Court,
Mian Liaqat Ali, Advocate-on-Record
|
| Petitioners |
SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD
|
| Respondents |
IMTIAZ AHMAD MALIK, DIRECTOR ANTICORRUPTION ESTABLISHMENT, SAHIWAL AND OTHERS
|
| Citations |
2021 SLD 1073,
2021 PLC 480
|
| Other Citations |
Muhammad Zafar Ali and others v. Asim Gulzar and others 2015 SCMR 365
|
| Laws Involved |
Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985
|
| Sections |
7,
11(2)(c)
|