1992 PLP (C (PLC(CS))
MUHAMMAD MUZAFFAR WAFFA Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Azad J&K |
| Bench Members | Sardar Muhammad Sajawal Khan, Chairman and Kh. Abdul Hamid Member |
| Parties | MUHAMMAD MUZAFFAR WAFFA Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR |
| Primary Law | (b) Civil service, (c) Civil service, (a) Azad Jammu and Kashmir Civil Servants Act, 1975 |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (b) Civil service, (c) Civil service, (a) Azad Jammu and Kashmir Civil Servants Act, 1975 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Azad J&K bench comprising: Sardar Muhammad Sajawal Khan, Chairman and Kh. Abdul Hamid Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (MUHAMMAD MUZAFFAR WAFFA Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kh. Shahad Ahmad for Appellant.
- M. Tabassum Aftab AM for Respondents.
Headnotes / Summary
S. 22
Premature retirement as a condition precedent to confirmation
Effect
Civil servant's confirmation against the post he was holding at relevant time was ordered subject to condition of his premature retirement
Government had nowhere stated/promised to compensate civil servant of his premature retirement
Civil servant was not entitled to compensation for his premature retirement.
Civil servant cannot claim promotion as a matter of right-- Civil servant, when anxious for his promotion to the next higher post, would be required to fulfil all the qualifications, prescribed for promotion to such post-- Civil servant was not entitled to claim promotion merely on the basis of his early entry in respective cadre of service
Act of Government in not giving promotion to a civil servant would not result in any infringement of his fundamental rights under Constitutional law
Attributes of civil service stated. Among the well-known attributes of public service, one that is least subject to exception is that no employee can claim as of right a promotion from one position to another unless he could do so under a statutory provision or an enforceable condition of service. Ordinarily it would be for the State or the promoting Authority to determine such suitability after an assessment of all relevant considerations, such as seniority, competence, rectitude and antecedent official records, none of which was less important than the other, for the preservation of purity and efficiency in public service. The basis or governing consideration in all promotions is merit or suitability. Seniority is in substance one of the elements in the assessment of merit.
Entitlement to future benefits on account of premature retirement-- Premature retirement of civil servant having been effected on specified date, question of future benefits arising out of confirmation of civil servant against that specified post would start from that date onward, for earlier benefits in favour of civil servant were barred by limitation even though he was confirmed against specified post from the date of his appointment as such
Civil servant was thus, not entitled to claim benefits of the period earlier to his confirmation to specified post.
Judgment & Decree
S. 22
Premature retirement as a condition precedent to confirmation
Effect
Civil servant's confirmation against the post he was holding at relevant time was ordered subject to condition of his premature retirement
Government had nowhere stated/promised to compensate civil servant of his premature retirement
Civil servant was not entitled to compensation for his premature retirement. (b) Civil service
Civil servant cannot claim promotion as a matter of right-- Civil servant, when anxious for his promotion to the next higher post, would be required to fulfil all the qualifications, prescribed for promotion to such post-- Civil servant was not entitled to claim promotion merely on the basis of his early entry in respective cadre of service
Act of Government in not giving promotion to a civil servant would not result in any infringement of his fundamental rights under Constitutional law
Attributes of civil service stated. Among the well-known attributes of public service, one that is least subject to exception is that no employee can claim as of right a promotion from one position to another unless he could do so under a statutory provision or an enforceable condition of service. Ordinarily it would be for the State or the promoting Authority to determine such suitability after an assessment of all relevant considerations, such as seniority, competence, rectitude and antecedent official records, none of which was less important than the other, for the preservation of purity and efficiency in public service. The basis or governing consideration in all promotions is merit or suitability. Seniority is in substance one of the elements in the assessment of merit. (c) Civil service
Entitlement to future benefits on account of premature retirement-- Premature retirement of civil servant having been effected on specified date, question of future benefits arising out of confirmation of civil servant against that specified post would start from that date onward, for earlier benefits in favour of civil servant were barred by limitation even though he was confirmed against specified post from the date of his appointment as such
Civil servant was thus, not entitled to claim benefits of the period earlier to his confirmation to specified post. Kh. Shahad Ahmad for Appellant. M. Tabassum Aftab AM for Respondents.