Case Details

Citation(s)
2015 SLG 342 2015 SLD 342 2015 PLC 547
Lahore High Court
Writ Petition No. 11192 of 2014, decided on 22nd December,2014. DATE of hearing: 11th December, 2014
MRS. AYESHA A. MALIK, J
Ms. Asma Jehangir and Haris Azmat for Petitioners (in W.P. No. 11192 of 2014). Haris Azmat and Ali Saleem for Petitioners (in W.P. No. 28201 of 2014). Saad Rasul for Petitioners (in W.P. No. 14612 of 2014). Dr. Ikram ul Haq and Mansoor Beg for Petitioners

ATHAR HUSSAIN KHAN and othersvsFEDERATION OF PAKISTAN through Principal Secretary and others

Law: Constitution of Pakistan, 1973

Section: 199,212

Law: Federal Service Tribunals Act, (LXX of 1973)

Section: 4

Constitution of Pakistan--- ----Arts. 199 & 212---Federal Service Tribunals Act (LXX of 1973), S.4--- Constitutional petition--- Civil service--- Promotion--- Objective criteria---Attributes of integrity, general reputation and perception---Scope---Discrimination---Petitioners were recommended for promotion by Central Selection Board but Competent Authority referred their cases back for reconsideration on the attributes of integrity, general reputation and perception---Plea of petitioners was that they had been discriminated against and that the attributes of integrity, general reputation and perception were not an objective criteria on the basis of which promotion could be denied---Validity---Petitioners were considered for promotion by the Central Selection Board and were recommended for the same having fulfilled the objective criteria---Names of the petitioners were provided in the list of employees recommended for promotion---Attributes of integrity, general reputation and perception were out of five marks---If an employee under consideration had earned less than three marks, he might be deferred or superseded by the Central Selection Board with reasons to be recorded in writing---If an employee had earned three marks then he/she should be awarded five marks---Summary placed before the Competent Authority had provided for the marks as per the objective criteria---Marks for petitioners on attributes of integrity, general reputation and perception were five as they had earned three marks---No specific information was available before the Competent Authority on the basis of which it could have concluded that Central Selection Board did not give due consideration to the attributes of integrity, general reputation and perception in the case of petitioners---Authority could not have singled out the cases of petitioners on the ground that Central Selection Board had decided upon the attributes of integrity, general reputation and perception in a mechanical manner without due consideration--- Competent Authority had recorded that the recommendations being confirmed were for those employees who had the public reputation and perception of being honest and not…
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