Supreme Court of Pakistan Rules in Favor of Civil Servant's Promotion Appeal
Islamabad 14-05-2024: In a significant legal development, the bench of Supreme Court of Pakistan consisting of Mr. Justice Muhammad Ali Mazhar and Mr. Justice Irfan Saadat Khan while hearing [Civil Appeal No.56-K/2021] have issued a ruling in a case revolves around appellant (Siraj Nizam) against the Federal Service Tribunal's decision regarding his promotion from Assistant Executive Engineer (BS-17) to Executive Engineer (BS-18) in the Pakistan Public Works Department (PWD).
The appellant, a former Senior Patrolling Officer with the National Highways & Motorways Police, contended that his previous service should have been considered for his promotion, a claim which was dismissed by the Tribunal. However, the Supreme Court, upon thorough examination, found merit in appellant argument.
In a comprehensive analysis, the Court highlighted appellant’s successful passing of the departmental examination, a prerequisite for promotion. Additionally, they noted the Tribunal's oversight in not considering appellant's total length of government service, as mandated by the Establishment Code.
Consequently, the Supreme Court allowed appeal, setting aside the Tribunal's judgment and remanding the matter for fresh consideration. Emphasizing adherence to the law and a meticulous review of all relevant factors, the Court underscored the importance of fair adjudication in civil service matters.
This landmark judgment reaffirms the pivotal role of the judiciary in upholding justice and fairness in administrative decisions, particularly concerning civil service promotions. It sets a precedent for thorough examination and equitable resolution of disputes, ensuring the protection of civil servants' rights and interests.
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