| Citation(s) |
|---|
| 2002 SLG 1262 2002 SLD 1262 2002 SCMR 865 |
Supreme Court of Pakistan
Civil Appeals Nos. 1370 and 1416 of 200t, decision dated: 23rd January, 2002.(On appeal from the judgment, dated 18-5-2001 of the Punjab Service Tribunal passed in Appeal No.2984 of 1999)
MUNIR A. SHEIKH, QAZI MUHAMMAD FAROOQ AND RANA BHAGWANDAS, JJ
Hafiz Tariq Nasim; Advocate Supreme Court for Appellant (in C.A. No. 1370 of 2001). Dr.Mohy-ud-din Qazi, Advocate Supreme Court for
Respondent (in C.A. No. 1370 of 2001 IIhsanul Haq Ch. Advocate Supreme Court for
Respondents Nos.2, 4 and 6 (in C.A. No. 13
Civil Appeals Nos. 1370 and 1416 of 200t, decision dated: 23rd January, 2002.(On appeal from the judgment, dated 18-5-2001 of the Punjab Service Tribunal passed in Appeal No.2984 of 1999)
MUNIR A. SHEIKH, QAZI MUHAMMAD FAROOQ AND RANA BHAGWANDAS, JJ
Hafiz Tariq Nasim; Advocate Supreme Court for Appellant (in C.A. No. 1370 of 2001). Dr.Mohy-ud-din Qazi, Advocate Supreme Court for
Respondent (in C.A. No. 1370 of 2001 IIhsanul Haq Ch. Advocate Supreme Court for
Respondents Nos.2, 4 and 6 (in C.A. No. 13
KHALID MEHMOOD and others
VS
COMMISSIONER, SARGODHA and others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)---S. 4---Constitution of Pakistan (1973), Art.212---Appointment through promotion---Interference by Service Tribunal in exercise of jurisdiction under S.4 of the Service Tribunals Act, 1973- -Validity---Where the civil servant was at Serial No.4 in the merit list the Service Tribunal was not justified in law to interfere with in his appointment through promotion--Judgment passed by the Service Tribunal was set aside. (b) Service Tribunals Act (LXX of 1973)--- ----S.4---Constitution of Pakistan (1973), Art.212---Appointment through promotion---Objection to merit list---Appellant did not come on the merit therefore, he was not appointed for post---Merit list was objected to by the appellant and plea raised was that as the list was prepared by a particular office and some on the appointees belonged to the same office, therefore, element of pick and choose was reflected in the list and the same was based upon mal;, tides---Validity---Merit position had been transparently determined on the basis of criteria according to which marks were allocated to the candidates qua their Annual Confidential Reports, written test and on merit, the office belonging to a particular office obtained more marks would not by itself be sufficient to hold that the selection was either mala fide-or element of pick and choose was involved--Even if the marks of the appellant given in written test and interview were brought at par with the selected candidate the appellant would still not improve his qualification qua selected candidates---Supreme Court declined to interfere with the appointment made by the Authorities---Appeal was dismissed. (c) Constitution of Pakistan (1973)--- ----Arts. 185 & 212---Appellate jurisdiction of Supreme Court---Amendment of rules---Scope---Not the function of Supreme Court to make amendment in rules. JUDGMENT MUNIR A. SHEIKH, J.---By this consolidated judgment, we intend to decide both the titled appeals involving common questions of law and facts. 2. Four posts of Naib Tehsildars, became available. Applications were invited on 1-5-1997 from the staff of the different departments to fill up the said posts.…
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