2017 PLP (C (PLC(CS))
REGIONAL POLICE OFFICER GUJRANWALA and another Versus EJAZ AHMAD and others
| Citation | 2017 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Amir Hani Muslim and Umar Ata Bandial, JJ |
| Parties | REGIONAL POLICE OFFICER GUJRANWALA and another Versus EJAZ AHMAD and others |
| Primary Law | (a) Civil service, (b) Civil service |
Q1: What are the key laws and sections cited in 2017 PLP (C (PLC(CS))?
This judgment primarily cites: (a) Civil service, (b) Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Amir Hani Muslim and Umar Ata Bandial, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP (C (PLC(CS)) (REGIONAL POLICE OFFICER GUJRANWALA and another Versus EJAZ AHMAD and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Siraj ul Islam, Additional P.-G. and Rana M. Anwar, S.P. (L) Gujranwala for Appellants.
- Aftab Gull, Advocate Supreme Court for Respondent No.1.
- Aftab Mustafa, Advocate Supreme Court for Respondent No.7.
- M. Arif Gondal, Advocate Supreme Court for Respondents Nos.6, 8, 10, 24, 26, 28, 30, 32-35, 37-39 and 41.
- 3. The learned Additional Advocate General, Punjab, states that the Punjab Government has started implementing judgments of this Court reported as Contempt Proceedings Against Chief Secretary Sindh (2013 SCMR 1752) and Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) and till date substantial portion of seniority of the Police personnel has been re-fixed. We must record our displeasure over the inaction on the part of the Punjab Government for the directions issued by this Court in 2013 and 2015. We expect that all the out of turn promotions granted either to the police personnel on gallantry award or otherwise shall be undone within four weeks from today and their seniority be re-fixed with their batch mates in terms of the directions contained in the aforesaid judgments. Out of turn promotions ranging from Constable to any gazetted officers shall be streamlined in terms of the aforesaid two judgments. On completion of the exercise, the I.G Police Punjab, Home Secretary, Punjab and Chief Secretary, Punjab, shall submit compliance report with the Assistant Registrar of this Court for our perusal in Chambers. This order shall be communicated to the I.G., Punjab, Home Secretary, and Chief Secretary, Punjab, for their information and compliance and non-compliance of this judgment shall expose the concerned officials to contempt proceedings.
Headnotes / Summary
(On appeal from judgment dated 20-3-2012 of the Punjab Service Tribunal, Lahore, passed in Appeal No. 110 of 2011).
No civil servant (or police personnel) was entitled to out of turn promotion on account of gallantry award or otherwise. Contempt Proceedings Against Chief Secretary Sindh 2013 SCMR 1752 and Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456 ref.
Ante-dated seniority to a civil servant
Violation of the law. Contempt Proceedings Against Chief Secretary Sindh 2013 SCMR 1752 and Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456 ref. Respondents Nos.4, 13 and 19 in person.
Judgment & Decree
AMIR HANI MUSLIM, J.
The issue raised in these proceedings have already been answered by the judgments of this Court reported as Contempt Proceedings Against Chief Secretary Sindh (2013 SCMR 1752) and Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456). It has been declared in the aforesaid judgment that no Police Personnel and or Civil Servant is entitled to out of turn promotion on account of gallantry award or otherwise. It has further declared that ante dated seniority to a Civil Servant is violation of the law.
2. Through the impugned judgment, the Regional Police Officer has challenged the anti-date seniority granted to the Respondents, which has been dealt with in depth in the aforesaid judgments and has been declared to be unconstitutional and ultra vires of the fundamental rights of the Civil Servants. We, therefore, set aside the impugned judgment, in terms of the law enunciated in the aforesaid judgments, and allow the Appeal.
3. The learned Additional Advocate General, Punjab, states that the Punjab Government has started implementing judgments of this Court reported as Contempt Proceedings Against Chief Secretary Sindh (2013 SCMR 1752) and Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) and till date substantial portion of seniority of the Police personnel has been re-fixed. We must record our displeasure over the inaction on the part of the Punjab Government for the directions issued by this Court in 2013 and 2015. We expect that all the out of turn promotions granted either to the police personnel on gallantry award or otherwise shall be undone within four weeks from today and their seniority be re-fixed with their batch mates in terms of the directions contained in the aforesaid judgments. Out of turn promotions ranging from Constable to any gazetted officers shall be streamlined in terms of the aforesaid two judgments. On completion of the exercise, the I.G Police Punjab, Home Secretary, Punjab and Chief Secretary, Punjab, shall submit compliance report with the Assistant Registrar of this Court for our perusal in Chambers. This order shall be communicated to the I.G., Punjab, Home Secretary, and Chief Secretary, Punjab, for their information and compliance and non-compliance of this judgment shall expose the concerned officials to contempt proceedings. MWA/R-6/SC Order accordingly.