| Citation(s) |
|---|
| 2023 SLG 1382 2023 SLD 1382 2023 SCMR 915 |
Supreme Court of Pakistan
Civil Appeals Nos. 21 and 22 of 2022, decided on 2nd June,2022. Date of hearing: 2nd June, 2022.(Against thejudgment Dated 24.09.2021 passed by the High Court of Sindhat Karachi, in C.P. No.D -3228 of 2020)
Present: Umar Ata Bandial, C.J., Muhammad Ali Mazhar and Ayesha A. Malik, JJ
Sohail Mehmood, Additional Attorney General and Sajid ul Hassan, S.O., Establishment for Appellants (in C.A. 21 of 2022).Shakeel ur Reman, Advocate Supreme Court (video link from Karachi) for Appellants (in C.A. 22 of 2022)Hafiz S.A. Rehman, Senior Ad
Civil Appeals Nos. 21 and 22 of 2022, decided on 2nd June,2022. Date of hearing: 2nd June, 2022.(Against thejudgment Dated 24.09.2021 passed by the High Court of Sindhat Karachi, in C.P. No.D -3228 of 2020)
Present: Umar Ata Bandial, C.J., Muhammad Ali Mazhar and Ayesha A. Malik, JJ
Sohail Mehmood, Additional Attorney General and Sajid ul Hassan, S.O., Establishment for Appellants (in C.A. 21 of 2022).Shakeel ur Reman, Advocate Supreme Court (video link from Karachi) for Appellants (in C.A. 22 of 2022)Hafiz S.A. Rehman, Senior Ad
FEDERATION OF PAKISTAN through Secretary Establishment Division,Islamabad and another-----AppellantsVersusMISRI LADHANI and others-----Respondents
Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Section: 7
(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 7---Promotion Recommendation of Central Selection Board and Departmental Promotion Committee---According to Rule 7 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, the competent authority may approve the promotion of an officer or official from the date on which the recommendation of Central Selection Board (CSB) or as the case may be, the Departmental Promotion Committee (DPC) was made but nowhere is it said that the competent authority is by all means bound to accept the recommendations and has no power or jurisdiction to remand or reject the recommendations of CSB or DPC. Serial No.182 of ESTACODE (Edition 2000) and Serial No.192 of ESTACODE (Edition 2007), Volume I ref. (b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 7---Promotion---Pro forma promotion---No vested right---It is the dominance and ascendancy of competent authority to prescribe benchmarks for awarding promotions in the higher grades or positions---Governing command of competent authority to revise the promotion policy evenhandedly and objectively in order to set the guidelines or benchmarks for promotion to the higher grade or position or exercising the power to remand the matter for reconsideration to Central Selection Board (CSB) and submit fresh recommendations cannot be demurred or opposed by a civil servant to assert the claim of pro forma promotion---Nobody has a vested right to promotion but is entitled to be considered evenhandedly and fairly for promotion in accordance with the rule and the terms and conditions of service conferring right of actual promotion or a right to be considered for promotion. Muhammad Azam v. Muhammad Tufail and others 2011 SCMR 1871; Government of Punjab v. Muhammad Awais Shahid 1991 SCMR 696; Muhammad Iqbal v. Saeeda Bano 1991 SCMR 1559; Orya Maqbool Abbasi v. Federation of Pakistan through Secretary Establishment and others 2014 SCMR 817; Union of India and others v. Sangram Keshari Nayak (2007) 6 SCC 704 and Hardev Singh v. Union of India and another, (2011) 10 SCC 121 ref. JUDGMENT MUHAMMAD ALI MAZHAR, J.---These Civil…
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