Case Details

Citation(s)
2003 SLG 1057 2003 SLD 1057 2003 PLC 1149
Supreme Court of Pakistan
Civil Petition No.276-L of 1999, decision dated: 18-07-2002. (On appeal from the judgment dated 29-12-1998 passed by the Punjab Service Tribunal, Lahore, in Appeal No.61 of 1995).
KHALIL-UR-REHMAN RAMDAY AND MUHAMMAD NAWAZ ABBASI, JJ

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BASHIR AHMED

VS

INSPECTORGENERAL OF POLICE, PUNJAB and others

Law:

Section:

Service Tribunals Act (LXX of 1973)-------S.4---Constitution of Pakistan (1973), Art.212(3)---Promotion list--­Filing of appeal before Service Tribunal, with a delay of two decades--­Grievance of the civil servant was that he was not placed at the B-I list without taking requisite test, making him eligible for promotion---Plea raised by the civil servant was that two other civil servants had been placed on the list without such test---Validity---Civil servant was 54 years of age and he failed to explain as to why he kept silent for almost two decades after crossing the required age of 33 years before approaching the Service Tribunal for the relief---Holding of the requisite test was publicized and all the borrowing authorities and officers were informed so that the matter in question could be brought to the notice of all the eligible persons---Fact that two other persons had been brought on B-1 list without requisite test was not a justification for any Court of law to direct a similar thing in the present case---Supreme Court declined to give any relief to the civil servant as the Court was not seized of the circumstances in which the two civil servants had been brought on B-1 list and if the same hid been done in violation of the law even then the same was not a precedent for a Court of law to follow--­Supreme Court declined to interfere with the passed by Service Tribunal---Leave to appeal was refused. Shehryar, Advocate Supreme Court for Petitioner. Saleem Sikandar, A.I.-G. Legal for Respondents. Date of hearing: 18th July, 2002. ORDER KHALIL-UR-REHMAN RAMDAY, J.---The petitioner was recruited as a Constable on 18-12-1969. According to him he started approaching the higher police officers with a request that his name be place in list B-I on being placed on which list a Constable becomes eligible for promotion. As per his submissions he kept petitioning different authorities in the Police Department but remained unsuccessful. He ultimately reached the Punjab Service Tribunal for the purpose and his appeal was dismissed by the said Tribunal through a judgment dated 29-12-1998 on the ground that it could not be successfully established before the said Tribunal…
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