Legal Case Summary

Case Details
Case ID f97391d7-0712-41d4-bfd1-b4431729779a
Body View case body.
Case Number C.As. 762-L to 766-L of 2012
Decision Date Dec 02, 2020
Hearing Date Nov 10, 2020
Decision The Supreme Court of Pakistan decided on the seniority dispute between the appellants (promotees) and the respondents (direct appointees) for the position of District Population Welfare Officer (BS-18). It was determined that the appellants, who were promoted in a batch, should retain their inter se seniority as per the provisions of the Punjab Civil Servants Act, 1974. The Court set aside the Punjab Service Tribunal's judgment that favored the direct appointees' seniority over the promotees, thus allowing the appeals and fixing the seniority of the appellants above the respondents.
Summary In a significant ruling by the Supreme Court of Pakistan, the case addressed the seniority issue between direct appointees and promotees under the Punjab Civil Servants Act, 1974. The core of the dispute revolved around the interpretation of seniority provisions in the context of promotions made in batches. The Court emphasized that when civil servants are promoted in a group, their seniority is determined from the date of the first promotion within that group. This decision reaffirms the legal principles governing civil service promotions and the importance of maintaining proper seniority order, which is crucial for career progression in public service roles. The ruling serves as a precedent for similar cases, ensuring that the rights of promotees are safeguarded against direct recruits in civil service appointments.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges Manzoor Ahmad Malik, Syed Mansoor Ali Shah
Lawyers Malik Muhammad Awais Khalid, Amir Sana Ullah, Ch. Zafar Hussain Ahmed, Ali Bahadur, Khalid Pervaiz, Tania Malik, Arooj Naseem
Petitioners Others, Dr. Zohara Jabeen
Respondents Others, Muhammad Aslam Pervaiz
Citations 2021 SLD 90, 2021 SCMR 194
Other Citations Not available
Laws Involved Punjab Civil Servants Act, 1974
Sections 7(2), 7