| Citation(s) |
|---|
| 2007 SLG 529 2007 SLD 529 2007 SCMR 682 |
Supreme Court of Pakistan
C.P.L.As. Nos.2287, 2288, 2289 and 2290 of 2005, decision dated: 11-01-2007. (On appeal from judgment of Lahore High Court, Multan Bench, Multan dated 28-7-2005 passed in I.C.A. No.17 of 2005)
RANA BHAGWANDAS AND HAMID ALI MIRZA, JJ
Syed Aaqa Asif Jafari, Advocate Supreme Court for Petitioners. Nemo for
Respondents
C.P.L.As. Nos.2287, 2288, 2289 and 2290 of 2005, decision dated: 11-01-2007. (On appeal from judgment of Lahore High Court, Multan Bench, Multan dated 28-7-2005 passed in I.C.A. No.17 of 2005)
RANA BHAGWANDAS AND HAMID ALI MIRZA, JJ
Syed Aaqa Asif Jafari, Advocate Supreme Court for Petitioners. Nemo for
Respondents
MUHAMMAD IQBAL and otherss
VS
EXECUTIVE DISTRICT OFFICER (REVENUE), LODHRAN and another C.P.L.A. No.2288 of 2005 MUHAMMAD IQBAL and otherss Vs EXECUTIVE DISTRICT OFFICER (REVENUE), LODHRAN and another C.P.L.A. No.2289 of 2005 MUHAMMAD IQBAL and ot
Law:
Section: 9
Law: Constitution of Pakistan, 1973
Section: 185(3),199,212
Law: Punjab Service Tribunals Act, (IX of 1974)
Section: 4,4(1),proviso(b)
(a) Punjab Civil Servants Act (VIII of 1974)--- ----S. 9---Punjab Service Tribunals Act (IX of 1974), S.4---Promotion--Eligibility---Determination---Jurisdiction of Service Tribunal---Scope---What is barred from jurisdiction of Service Tribunal is question of fitness of civil servant for promotion---Determination of eligibility of civil servant is the question on which jurisdiction of Service Tribunal has not been barred---Fitness essentially introduces an element of objective evaluation on the basis of objective criteria where substitution for an opinion of competent authority is not possible by that of a Tribunal or a Court. Abdul Malik v. Sabir Zameer Siddiqui 1991 SCMR 1129; Abdul Ghafoor v. National Highway Authority 2002 SCMR 574; Zafarullah Baloch v. Government of Balochistan 2002 SCMR 1056 and Tasleem Jan v. Muhammad Zaman 2005 PLC (C.S.) 610 rel. (b) Civil Servants Act (LXXI of 1973)--- ----S. 9---Punjab Service Tribunals Act (IX of 1974), S.4(1), proviso (b)---Promotion---Competent authority and Service Tribunal---Jurisdiction---Comparison---Right has been conferred in S.9 of Civil Servants Act, 1973, on a civil servant to be considered for promotion, if he is eligible on account of the fact that he possesses prescribed minimum qualification but he has no vested right to be promoted; in contrast, law-makers in proviso (b) to S.4(1) of Punjab Service Tribunals Act, 1974, have not used the word "eligible" but have employed the words "fitness or otherwise to be appointed or to hold a particular post or to be promoted to a higher post or grade"---Question of eligibility, which is a term of service by virtue of S.9(1) of Civil Servants Act, 1973, has not been excluded from the purview of jurisdiction of Service Tribunal but the questions whether a person having requisite eligibility has been rightly selected or not, selected on account of fitness or otherwise for appointment to hold a particular post or to be promoted to a higher post or grade, has been excluded. (c) Punjab Civil Servants Act (XIII of 1974)--- ----S. 9---Punjab Revenue Department (Revenue Administration Posts) Rules, 1990---Constitution of Pakistan (1973), Arts.185(3), 199 &…
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