2004 PLP (C (PLC(CS))
PAKISTAN INTERNATIONAL AIRLINES CORPORATION through Chairman, PIAC, Karachi Airport, Karachi Versus SAJID MAHMOOD ANSARI and others
| Citation | 2004 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nazim Hussain Siddiqui, Qazi Muhammad Farooq and Hamid Ali Mirza, JJ |
| Parties | PAKISTAN INTERNATIONAL AIRLINES CORPORATION through Chairman, PIAC, Karachi Airport, Karachi Versus SAJID MAHMOOD ANSARI and others |
| Primary Law | Civil Servants Act (LXXI of 1973)‑‑‑ |
Q1: What are the key laws and sections cited in 2004 PLP (C (PLC(CS))?
This judgment primarily cites: Civil Servants Act (LXXI of 1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nazim Hussain Siddiqui, Qazi Muhammad Farooq and Hamid Ali Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP (C (PLC(CS)) (PAKISTAN INTERNATIONAL AIRLINES CORPORATION through Chairman, PIAC, Karachi Airport, Karachi Versus SAJID MAHMOOD ANSARI and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Aslam, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate‑on‑Record for petitioners. (In. both petitions).
- Raja Muhammad Asghar, Advocate Supreme Court and M.A. Zaidi, Advocate‑on‑Record for Respondent No. 1 (In both petitions).
- Date of hearing: 23rd January, 2003.
Headnotes / Summary
(On appeal from the judgment dated 8‑2‑2002 of Federal Service Tribunal, Islamabad passed in Appeals Nos.357 & 359(R)CE of 2001). ‑‑‑‑S.9‑‑‑Promotion‑‑‑No body can ask for promotion as a right and giving or refusal of promotion is a matter which is within exclusive domain of the Government/executive authority‑‑‑Promotion depends upon many factors such as competency, availability of posts and antecedents of the civil servants etc.‑‑‑Direction given by Service Tribunal to promote the civil servants was set aside‑‑‑Supreme Court directed the authorities to consider the promotion of the civil servants from the date their juniors were promoted‑‑‑Appeal was disposed of accordingly.
Judgment & Decree
‑‑‑‑S.9‑‑‑Promotion‑‑‑No body can ask for promotion as a right and giving or refusal of promotion is a matter which is within exclusive domain of the Government/executive authority‑‑‑Promotion depends upon many factors such as competency, availability of posts and antecedents of the civil servants etc.‑‑‑Direction given by Service Tribunal to promote the civil servants was set aside‑‑‑Supreme Court directed the authorities to consider the promotion of the civil servants from the date their juniors were promoted‑‑‑Appeal was disposed of accordingly. Sardar Muhammad Aslam, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate‑on‑Record for petitioners. (In. both petitions). Raja Muhammad Asghar, Advocate Supreme Court and M.A. Zaidi, Advocate‑on‑Record for Respondent No. 1 (In both petitions). Date of hearing: 23rd January, 2003. The Petitions Nos.643 and 644 of 2002 are converted into appeals and the appeals are disposed of with the following observations.
2. After hearing at length the controversy between the parties is narrowed down to the extent that whether the Tribunal could direct the petitioners to promote the respondents to PG‑VII w.e.f. 18‑8‑1982 with all consequential financial and service benefits. The law laid down by this Court on this point is that no body can ask for promotion as a right and the giving or refusal of promotion is a matter, which is within. exclusive domain of the Government/executive authority. It depends upon so many factors, such as, competency, availability of posts and antecedents etc.
3. Accordingly, the direction given by the Tribunal to the petitioners to promote the respondents is set aside. The department, however, is directed to consider the promotion of the respondents from the date their juniors were promoted, subject to the rules on promotion. M.H./P‑102/SC Order accordingly.