| Citation(s) |
|---|
| 2017 SLG 452 2017 SLD 452 2017 SCMR 206 |
Supreme Court of Pakistan
C.R.P. 49/2016, CRL. O.P. No. 186, 193 of 2016,C.M.As.1681/2016, 7575/2016, 8132/2016, 8143/2016,8144/2016, 8146/2016, 8147/2016, 8148/2016 in C.R.P. 49/2016in C.A. 184-L/2013 and C.M.A. 8177/2016, , decided on 30thDecember, 2016. Dates of hearing: 8t
AMIR HANI MUSLIM, JUSTICE, EJAZ AFZAL KHAN, JUSTICE, MUSHIR ALAM, JUSTICE, IJAZ-UL-AHSAN, JUSTICE
Barrister Khalid Waheed, Assistant AG Punjab for Government of Punjab.Ayaz Swati, Addl. AG for Government of Balochistan.Shehyar Kazi, Addl. AG Sindh for Government of Sindh.Mian Arshad Jan, Addl. AG for Government of Khyber Pakhtunkhwa.Mian Abdul
C.R.P. 49/2016, CRL. O.P. No. 186, 193 of 2016,C.M.As.1681/2016, 7575/2016, 8132/2016, 8143/2016,8144/2016, 8146/2016, 8147/2016, 8148/2016 in C.R.P. 49/2016in C.A. 184-L/2013 and C.M.A. 8177/2016, , decided on 30thDecember, 2016. Dates of hearing: 8t
AMIR HANI MUSLIM, JUSTICE, EJAZ AFZAL KHAN, JUSTICE, MUSHIR ALAM, JUSTICE, IJAZ-UL-AHSAN, JUSTICE
Barrister Khalid Waheed, Assistant AG Punjab for Government of Punjab.Ayaz Swati, Addl. AG for Government of Balochistan.Shehyar Kazi, Addl. AG Sindh for Government of Sindh.Mian Arshad Jan, Addl. AG for Government of Khyber Pakhtunkhwa.Mian Abdul
SHAHID PERVAIZ ERVSEJAZ AHMAD AND OTHERS --RespondentSC.R.P.50///2016 in C.A. 184-L///2013MANZOOR AHMED AND OTHERS ERSVSRPO GUJRANWALA AND OTHERS --RespondentSC.R.P. 51///2016 in C.A. 184-L///2013JAMIL AHMED ERVSRPO GUJRANWALA AND OTHE
Law:
Section: 8A
Law: Sindh Civil Servants Act, (XIV of 1973)
Section: 9-A
Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974
Section: 14-A
(a) Punjab Civil Servants Act (VIII of 1974)--- ----S. 8-A [since omitted]---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R. 14-A [since omitted]---Sindh Civil Servants Act (XIV of 1973), S. 9-A [since omitted]---Constitution of Pakistan, Arts. 9, 14 & 188---Review of Supreme Court ---Out of turn promotion to police personnel on basis of gallantry---Constitutionality and legality---Out of turn promotion was not only against the Constitution, but also against the Injunctions of Islam---Each out of turn promotion necessarily damaged the career of a corresponding deserving officer---Acts of gallantry did not justify out-of-turn promotions as they necessarily lead to impingement of the Fundamental Rights of fellow officers in terms of blocking their smooth progression of careers and impinging their respect and honour---Supreme Court directed the concerned officials and authorities to fix the seniority of all the police officers who were given out of turn promotion along with their batch-mates, as if they were never given out of turn promotion---Review petition was dismissed accordingly. Out of turn promotions were inherently destructive of the rights of other officers who, though senior and entitled to be considered for promotion before the beneficiaries of out of turn promotions, were bypassed as a result of out of turn promotions. Each out of turn promotion necessarily had a corresponding affected officer, who suffered due to such exercise despite being completely blameless. He suffered for no fault of his own when he was bypassed in favour of the beneficiary of such an exercise. Unless he voluntarily waived his rights, in which case the promotion could no longer be described as out of turn, the courts ought not to ignore his rights in matters brought before it for adjudication, irrespective of his presence or absence before the Court in a particular case. Out of turn promotion was not only against the Constitution, but also against the Injunctions of Islam. Reward or award should be encouraged for meritorious public service but should not be made basis for out of turn promotion. Muhammad Nadeem Arif v. I.G. of Police 2011 SCMR…