Appreciation
Appreciation legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
In appreciation of his excellent and extraordinary performance, civil servant was awarded out of turn promotion under the instruction of Inspector General of Police
Subsequently the civil servant was reverted to his earlier rank on the ground that promotion could only be granted on the basis of seniority cum fitness and such promotion resulted in injustice to his seniors and had become cause of frustration and heart burning to those who were superseded
Validity
Performance of duty with due diligence and efficiently deserved due appreciation but it could not be over appreciated out of proportion so as to make out a case of grievance to other employees in service of department
If a case of glaring favouritism was made out resulting in mala fide action, the same had to be rectified in accordance with law to avoid injustice
Supreme Court declined to set aside valid order passed by authorities merely on conjectures or surmises
Practice of such out of turn promotion would encourage a person to obtain any order using underhand means or otherwise and then to claim immunity for such acts which would, therefore, result in rewarding the person using such means by allowing him to continue to enjoy fruits of such ill-gotten gains and thus could perpetuate injustice
Supreme Court declined to interfere with order of reversion passed by authorities and maintained by Service Tribunal
Appeal was dismissed.
"Appreciation", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124953649
Precedents & Case Laws citing "Appreciation"
1987 P L C 460(1)
SUBHAN KHAN Versus LABOUR COURT NO. I and others
Court: Karachi High Court2019 C L D 113
HOUSE BUILDING FINANCE COMPANY LIMITED through Branch Manager — Appellant Versus Ms. RUKHSANA MUMTAZ — Respondent
Court: Lahore2003 M L D 480
SAIFULLAH‑‑‑Petitioner Versus MUHAMMAD BUX and 2 others‑‑‑ Respondents
Court: Karachi1991 C L C 1702
MUHAMMAD NAWAZ SHAH‑‑‑Petitioner Versus JUDGE FAMILY COURT and others‑‑‑Respondents
Court: Lahore1981 S C M R 1233
HAFIZ MUHAMMAD HUSSAIN AND ANOTHER-Petitioners Versus ABBAS KHAN AND ANOTHER-Respondents
Court: S. 100-Second appeal-Appreciation of evidence-Findings of fact recorded by first appellate Court-Final and binding and cannot be interfered with merely on basis of same being based on an incorrect appreciation of evidence.-Findings of fact-Evidence.2001 P L C 325
Mst. HUMA and another Versus MUHAMMAD ASHFAQUE and others
Court: Karachi High CourtP L D 1988 Supreme Court (AJ&K) 203
Mst. NISHADAH BEGUM and 3 others‑‑Appellants Versus MUHAMMAD AYUB KHAN‑‑Respondent
Court: ‑‑‑S.100‑‑Second appeal‑‑Appreciation of evidence‑‑ Failure of Court to appreciate the evidence while curing error in the decision of subordinate Court in violation of S.100, C.P.C.‑‑Omission to appreciate oral testimony of parties where no reason was assigned in the order to overlook and ignore such evidence, being a serious breach of law, cannot be lightly ignored, ‑‑Evidence.1987 S C M R 540
GHULAM MURTAZA‑‑Petitioner Versus THE STATE‑‑Respondent
Court: ‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10‑‑Appreciation of evidence‑‑Conviction and sentence of death based on evidence that deceased was last seen alive in company of petitioner‑‑Leave to appeal granted to consider whether well‑established principles of appreciation of evidence in criminal cases had been followed.‑‑Evidence1968 S C M R 1335 (1)
CHAHAT KHAN AND OTHERS‑Petitioners Versus THE STATE‑Respondent
Court: High Court2007 C L C 972
Mst. YASMIN AKHTAR — Appellant Versus ABDUL MATEEN ZAHID — Respondent
Court: Shariat Court (AJ&K)