| Citation(s) |
|---|
| 2016 SLG 517 2016 SLD 517 2016 SCMR 859 |
Supreme Court of Pakistan
Civil Appeals Nos. 101 and 102-P of 2011, decided on 17th February, 2016. Date of hearing: 17th February, 2016.
ANWAR ZAHEER, JAMALI, C.J., MIAN SAQIB NISAR, AMIR HANI MUSLIM, EJAZ AFZAL KHAN AND MUSHIR ALAM, JJ
Shahid Raza, Advocate Supreme Court for Appellants (in both appeals). Ijaz Anwar, Advocate Supreme Court for
Respondents Nos.1 - 8 (in C.A. No. 101-P of 2011). Ijaz Anwar, Advocate Supreme Court for
Respondents Nos.1 - 39 (in C.A. No. 102-P of 2011).
Civil Appeals Nos. 101 and 102-P of 2011, decided on 17th February, 2016. Date of hearing: 17th February, 2016.
ANWAR ZAHEER, JAMALI, C.J., MIAN SAQIB NISAR, AMIR HANI MUSLIM, EJAZ AFZAL KHAN AND MUSHIR ALAM, JJ
Shahid Raza, Advocate Supreme Court for Appellants (in both appeals). Ijaz Anwar, Advocate Supreme Court for
Respondents Nos.1 - 8 (in C.A. No. 101-P of 2011). Ijaz Anwar, Advocate Supreme Court for
Respondents Nos.1 - 39 (in C.A. No. 102-P of 2011).
REGIONAL COMMISSIONER Income Tax , NORTHERN REGION, ISLAMABAD and another
VS
Syed MUNAWAR ALI and others
Law: Constitution of Pakistan, 1973
Section: 199,212(3)
Law: Civil Servants Act, 1973
Section: Preamble
(a) Civil service--- ----"Upgradation" of post---"Promotion"---Issue of upgradation did not form part of terms and conditions of service of civil servants---"Upgradation" of a post was distinct, from "promotion". (b) Civil service--- ----"Upgradation" of post---Pre-conditions---Upgradation of post could not be made to benefit a particular individual in terms of promoting him to a higher post and further providing him with the avenues of lateral appointment or transfer or posting---In order to justify upgradation, the Government was required to establish that the department needed re-structuring, reform or to meet the exigency of service in the public interest---In the absence of such pre-conditions, upgradation was not permissible. (c) Constitution of Pakistan--- ----Arts. 199 & 212(3)---Civil Servants Act (LXXI of 1973), Preamble---'Upgradation' of post, issue of---Could be decided by the High Court in its Constitutional jurisdiction under Art. 199 of the Constitution. Issue relating to upgradation of civil servants could be decided by High Court in exercise of its constitutional jurisdiction and bar contained under Article 212(3) of the Constitution would not be attracted. Policy of upgradation, notified by the Government, in no way, amended the terms and conditions of service of the civil servant or the Civil Servants Act, 1973 and or the Rules framed thereunder. Service Tribunal had no jurisdiction to entertain any appeal involving the issue of upgradation, as it did not form part of the terms and conditions of service of the civil servants. Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456 and Chief Commissioner Inland Revenue and another v. Muhammad Afzal Khan (Civil Appeal No.992 of 2014) ref. JUDGMENT AMIR HANI MUSLIM, J.---These Appeals, by leave of the Court, are directed against common judgment dated 27.04.2010, passed by the Peshawar High Court, Peshawar, whereby the Writ Petitions filed by the Respondents were disposed of with the direction to the Appellants to act according to law and to do what is required by the law to do within a minimum possible time. 2. The facts necessary for the adjudication of the present proceedings are that…
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