| Citation(s) |
|---|
| 2017 SLG 1301 2017 SLD 1301 2017 PLC 725 |
Supreme Court of Pakistan
Civil Appeal No. 184-L of 2013, decision & hearing Dated: 26-01-2016. (On appeal from judgment Dated 20-3-2012 of the Punjab Service Tribunal, Lahore, passed in Appeal No. 110 of 2011).
AMIR HANI MUSLIM, JUSTICE, UMAR ATA BANDIAL, JUSTICE
Petitioner(s) by: Siraj ul Islam, Additional P.G. and Rana M. Anwar, S.P. (L) Gujranwala
Respondent(s) by: Aftab Gull, Advocate Supreme Court No.1. Aftab Mustafa, Advocate Supreme Court No.7. M. Arif Gondal, Advocate Supreme Court Nos.6, 8, 10, 24, 26,
Civil Appeal No. 184-L of 2013, decision & hearing Dated: 26-01-2016. (On appeal from judgment Dated 20-3-2012 of the Punjab Service Tribunal, Lahore, passed in Appeal No. 110 of 2011).
AMIR HANI MUSLIM, JUSTICE, UMAR ATA BANDIAL, JUSTICE
Petitioner(s) by: Siraj ul Islam, Additional P.G. and Rana M. Anwar, S.P. (L) Gujranwala
Respondent(s) by: Aftab Gull, Advocate Supreme Court No.1. Aftab Mustafa, Advocate Supreme Court No.7. M. Arif Gondal, Advocate Supreme Court Nos.6, 8, 10, 24, 26,
REGIONAL POLICE OFFICER GUJRANWALA AND ANOTHER
VS
EJAZ AHMAD AND OTHERS
Law:
Section:
(a) Civil service--- ----Promotion---Out of turn promotion---No civil servant (or police personnel) was entitled to out of turn promotion on account of gallantry award or otherwise. Contempt Proceedings Against Chief Secretary Sindh 2013 SCMR 1752 and Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456 ref. (b) Civil service--- ----Seniority---Ante-dated seniority to a civil servant---Violation of the law. Contempt Proceedings Against Chief Secretary Sindh 2013 SCMR 1752 and Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456 ref. THIS ORDER PASSED BY: AMIR HANI MUSLIM, J.--- The issue raised in these proceedings have already been answered by the judgments of this Court reported as Contempt Proceedings Against Chief Secretary Sindh (2013 SCMR 1752) and Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456). It has been declared in the aforesaid judgment that no Police Personnel and or Civil Servant is entitled to out of turn promotion on account of gallantry award or otherwise. It has further declared that ante dated seniority to a Civil Servant is violation of the law. 2. Through the impugned judgment, the Regional Police Officer has challenged the anti-date seniority granted to the Respondents, which has been dealt with in depth in the aforesaid judgments and has been declared to be unconstitutional and ultra vires of the fundamental rights of the Civil Servants. We, therefore, set aside the impugned judgment, in terms of the law enunciated in the aforesaid judgments, and allow the Appeal. 3. The learned Additional Advocate General, Punjab, states that the Punjab Government has…
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