FARMAN ULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S — 2022 PLC(CS) 635 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLC(CS) 635 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLC
Parties: FARMAN ULLAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S
Subject matter: Service
Provisions referred to: S. 9; Service Tribunals Act (LXX of 1973)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FARMAN ULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S.9(1)---Service Tribunals Act (LXX of 1973), Ss. 4 & 22---Promotion---"Seniority-cum-fitness" ---Scope---Held, that "Seniority-cum-fitness" meant that due and equal regard should be paid both to seniority and fitness and since fitness was a matter of degree, it would appear that a senior person could be overlooked in favour of a junior who was demonstrably more fit for the appointment than he was---Provision for promotion on the basis of seniority-cum-fitness, therefore, permitted the authorities to select a junior who was demonstrably more fit than the senior. Head Notes

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