| Citation(s) |
|---|
| 2023 SLG 1986 2023 PLC & PLC(CS) 724 2023 SLD 1986 |
Supreme Court of Pakistan
Civil Appeal No. 97 of 2021 and Civil Petition No. 3478 of 2021, decided on 10th June, 2021. (On appeal from the judgment dated 03.09.2019 passed by the Peshawar High Court, Abbottabad Bench in W.P. No. 535-A of 2019) Date of hearing: 10th June, 2021.
Present: Gulzar Ahmed, C.J.,Mazhar Alam Khan Miankhel and Sayyed Mazahar Ali Akbar Naqvi, JJ
Syed Iqbal Hussain Shah Gillani, Advocate Supreme Court and Zulfiqar Khalid Maluka, Advocate Supreme Court for Applicant/ Petitioner (in C.A. No. 97 of 2021 and C.P. No. 3478 of 2021). Sajeel Sheryar Swati, Advocate Supreme Court and Rifaqat Hussain Shah
Civil Appeal No. 97 of 2021 and Civil Petition No. 3478 of 2021, decided on 10th June, 2021. (On appeal from the judgment dated 03.09.2019 passed by the Peshawar High Court, Abbottabad Bench in W.P. No. 535-A of 2019) Date of hearing: 10th June, 2021.
Present: Gulzar Ahmed, C.J.,Mazhar Alam Khan Miankhel and Sayyed Mazahar Ali Akbar Naqvi, JJ
Syed Iqbal Hussain Shah Gillani, Advocate Supreme Court and Zulfiqar Khalid Maluka, Advocate Supreme Court for Applicant/ Petitioner (in C.A. No. 97 of 2021 and C.P. No. 3478 of 2021). Sajeel Sheryar Swati, Advocate Supreme Court and Rifaqat Hussain Shah
ZARAI TARAQIATI BANK LIMITED through President and others
VERSUS
SARFRAZ KHAN JADOON and others
Law:
Section:
(a) Civil service--- ----Out of turn promotions---Illegal promotion orders set aside by the Supreme Court---Prospective effect---Recovery/adjustment of financial benefits paid to such promotees---Held, that in the reported as Akhtar Umar Hayat Lalayka and others v. Mushtaq Ahmed Sukhaira and others (2018 SCMR 1218) the Supreme Court directed that promotions granted to the respondents were hereby withdrawn---Word hereby was very significant and it showed that the Supreme Court had withdrawn promotions by the very delivered by it and not prior to it---Had the (Supreme) Court wanted to give effect to its from the date when the promotions were granted, it could have been mentioned in the but it was not done so purposely---In any case, it was an established legal principle of law that the s of the Courts always operated prospectively---High Court had rightly given directions not to recover/adjust the financial benefits granted to the persons promoted illegally---Appeal was dismissed. Pakistan Medical and Dental Council through President and 3 others v. Muhammad Fahad Malik and 10 others 2018 SCMR 1956 and Regarding Pensionary Benefits of the Judges of Superior Courts from the date of their Respective Retirements, Irrespective of their length of Service as Such Judges PLD 2013 SC 829 ref. (b) Words and phrases--- ----Hereby---Meaning. Blacks Law Dictionary; Oxford Advanced Learners Dictionary; Advanced Law Lexicon and Words and Phrases (Permanent Edition),Volume 19A ref. ORDER GULZAR AHMED, C.J.--- Civil Appeal No.97/2021: The respondents had filed a writ petition in the Peshawar High Court, Abbottabad Bench making prayer that Office Memorandum dated 08.03.2019, issued to the respondents (petitioners therein) by the appellant (respondents therein), be set aside. The writ petition was heard by a learned Division Bench of the High Court and vide impugned judgment dated 03.09.2019 it was partly allowed to the extent that the appellants will not recover/adjust financial benefits already paid to the respondents pursuant to the promotions granted to them which promotions were ultimately withdrawn by this Court through its judgment rendered in the case of Akhtar Umar Hayat…
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