PAKISTAN INTERNATIONAL AIRLINES CORPORATION through Chairman, PIAC, Karachi Airport, Karachi vs SAJID MAHMOOD ANSARI and others
This matter originated from petitions challenging a Service Tribunal's order directing the Pakistan International Airlines Corporation (PIAC) to promote the respondents to PG-VII with retrospective effect, including all consequential financial and service benefits. The Supreme Court of Pakistan addressed the core legal question of whether a Service Tribunal possesses the authority to mandate the promotion of employees. The Court held that promotion is not a vested right but a matter within the exclusive domain of the executive authority or employer, contingent upon factors such as competency, availability of posts, and service antecedents. Consequently, the Court set aside the Tribunal's direction for mandatory promotion. However, the Court directed the department to consider the respondents' promotion from the date their juniors were promoted, provided such consideration remains subject to the applicable promotion rules. The judgment reaffirms the principle that courts and tribunals should not interfere in the discretionary executive function of granting promotions, while ensuring that employees are not unfairly bypassed relative to their juniors.
- Can a Service Tribunal direct an employer to promote an employee to a specific grade?
- Is promotion a vested right of an employee?
- Does the executive authority have exclusive domain over the granting or refusal of promotions?
ORDER
' 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 nobody 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.
Cited by 2 cases
- SECRETARY TO GOVERNMENT OF PUNJAB, AGRICULTURE DEPARTMENT LAHORE 2011 PLC (C.S.) 1575
- SECRETARY TO GOVERNMENT OF PUNJAB, AGRICULTURE DEPARTMENT LAHORE 2011 SCMR 1722