| Case ID |
ffbf234e-061b-469f-a6b1-c2e8246eeabb |
| Body |
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| Case Number |
Civil Appeals Nos. 1464 to 1466 of 1999 |
| Decision Date |
Apr 23, 2004 |
| Hearing Date |
Apr 23, 2004 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals with no order as to costs. The Service Tribunal had correctly observed that the 20% quota for Army Officers was not adhered to by the Survey of Pakistan, and the Tribunal's judgment was well-reasoned. The Tribunal directed the Surveyor General to reduce the number of Army Officers and appoint civilian officers according to the selection procedure and recruitment rules for civilians. The Tribunal's decision was upheld as it was based on a proper interpretation of the rule and the Office Memorandum of the Establishment Division. |
| Summary |
In this landmark case, the Supreme Court of Pakistan dealt with the issue of direct induction and quota reservation for Army Officers in the service of the Chief Administrator of Surveyor General of Pakistan. The case involved Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, and the Service Tribunals Act. The appellants, including Maj. (Retd.) Tipu Sultan Khan and others, were aggrieved by the Tribunal's decision which allowed Shahzad Hussain's appeal, challenging the induction of Army Officers beyond the reserved quota. The Tribunal found that the 20% quota had not been observed, and directed the Surveyor General to reduce the number of Army Officers and appoint civilian officers as per the recruitment rules. The Supreme Court upheld the Tribunal's decision, emphasizing the proper interpretation of rules and regulations. This case highlights the importance of adhering to established quotas and procedures in civil service appointments, ensuring fairness and transparency. Keywords: Supreme Court of Pakistan, Civil Servants Rules, quota reservation, Army Officers, Service Tribunal, Shahzad Hussain. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal, Islamabad,
Ministry of Defence,
Surveyor General of Pakistan
|
| Judges |
SYED DEEDAR HUSSAIN SHAH,
KHALILURREHMAN RAMDAY,
FALAK SHER
|
| Lawyers |
Hafiz S.A. Rehman,
M.S. Khattak,
Nasir Saeed Sheikh,
Ch. Akhtar Ali,
Ali Hassan Gillani,
M.A. Zaidi
|
| Petitioners |
Maj. (Retd.) TIPU SULTAN KHAN
|
| Respondents |
SHAHZAD HUSSAIN
|
| Citations |
2004 SLD 1684,
2004 PLC 1225
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973,
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
S. 3(2),
S.4,
Art.212(3)
|