| Citation(s) |
|---|
| 2003 SLG 3427 2003 SLD 3427 2003 PLD 143 |
Supreme Court of Pakistan
Civil Petition No. 1635 of 2001, decided on 3rd October, 2002.
JAVED IQBAL, SARDAR MUHAMMAD RAZA KHAN AND FALAK SHER, JJ
Sheikh Mehmood Ahmad, Advocate Supreme Court and Anwar H. Mir, Advocate-on-Record (absent) for Petitioner. Nemo for
Respondents.
Civil Petition No. 1635 of 2001, decided on 3rd October, 2002.
JAVED IQBAL, SARDAR MUHAMMAD RAZA KHAN AND FALAK SHER, JJ
Sheikh Mehmood Ahmad, Advocate Supreme Court and Anwar H. Mir, Advocate-on-Record (absent) for Petitioner. Nemo for
Respondents.
Dr. MUHAMMAD HUSSAIN
VS
PRINCIPAL; AYUB MEDICAL COLLEGE and another
Law:
Section:
Civil service--- ----Recruitment---Promotion---Alteration or amendment of the prescribed qualification by the Government---Validity---Government was competent to enhance, alter or amend the prescribed qualification for a particular post--No one can claim a vested right in promotion or in the terms and conditions for the promotion to a higher post---Government has the right to enhance the qualifications and the standards for recruitment and promotion in order to maintain efficiency in service---Civil servant can not claim vested right in other higher tiers in the hierarchy except for the post which the civil servant happened to hold---Principles. Government is competent to enhance, alter or amend the prescribed qualification for a particular post which cannot be objected to as qualification for a particular post cannot be kept unchanged for decades to safeguard the interest of a particular incumbent and day to day changes in every walk of life, scientific developments and increasing technical know-how cannot be ignored. No one can claim a vested right in promotion or in the terms and conditions for the promotion to a higher post. The Government has the right to enhance the qualifications and the standards for recruitment and promotion in order to maintain efficiency in service. Except for the post which the civil servant happens to hold, he cannot claim vested right in other higher tiers in the hierarchy. In the absence of impairment of vested right, it would be within the exclusive competence of the Government to determine the terms and conditions of the service: It cannot be said that a rule which grants weightage to academic qualifications against experience is unreasonable and harsh. With the increasing emphasis on specialization and improved techniques and knowledge, the academic qualifications may be granted greater weightage than the actual experience on the job without such qualifications. Civil servant has no vested right whatsoever for promotion on the ground that there was no other competitor or on the basis of his satisfactory service record because it is for the Competent Authority to determine the suitability of a person for promotion after…
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