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ASAD HUSSAIN vs The CONTROLLER GENERAL OF ACCOUNTS FEDERAL CO-OPERATIVE BUILDING, SECTOR G-5/2, ISLAMABAD S — 2025 PLC(CS) 1318 SUPREME-COURT

Case information

Citation
2025 PLC(CS) 1318 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLC
Parties
ASAD HUSSAIN vs The CONTROLLER GENERAL OF ACCOUNTS FEDERAL CO-OPERATIVE BUILDING, SECTOR G-5/2, ISLAMABAD S
Subject matter
Criminal
Provisions referred to
S. 4---P

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

ASAD HUSSAIN VS The CONTROLLER GENERAL OF ACCOUNTS FEDERAL CO-OPERATIVE BUILDING, SECTOR G-5/2, ISLAMABAD S.4---Promotion---Vacant post---Current charge---Administrative neglects---Civil servant was aggrieved of being assigned the post on current charge basis instead of being promoted n the said post being a vacant post---Validity---When the post in question fell vacant, the civil servant was the senior-most eligible officer at that time, who was entitled to be considered for promotion with effect from that date---Delay caused by authorities in convening DPC or in processing petitioner's case due to procedural irregularities such as issues with the author of his PERs could not be used to defeat his rightful claim---Competent authority was under a duty to act with a fine sense of judgment, which it had failed to do---The moment the post became vacant and civil servant met required qualifications, legitimate expectation arose in his favour that he would be considered for promotion in a fair and timely manner---Failure to fulfil such expectation, without lawful justification, amounted to arbitrariness and procedural unfairness---Such delay in promotion of civil servant stemmed not from personal shortcoming but from systemic inefficiencies and administrative neglect---Civil servant must not bear the consequences of internal procedural lapses---Supreme Court directed the authorities to promote the civil servant to post in question with effect from the date on which vacancy in his quota first became available---Supreme Court also directed the authorities that all consequential benefits, including seniority, arrears of pay and service entitlements would follow from backdated promotion---Supreme Court set aside judgment passed by Service Tribunal---Appeal was allowed.

Other judgments reported in 2025 PLC

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