Prof. MUMTAZ ALI vs GOVERNMENT OF PAKISTAN and 2 others
This appeal concerns a service matter wherein the appellant challenged the promotion of a respondent to Grade-20 over himself. During the pendency of the proceedings, two significant developments occurred: the original respondent who had been granted the contested Grade-20 position retired from service, and the post currently held by the appellant was upgraded to Grade-20 via a notification dated 20th April 1993. The core legal question addressed by the Supreme Court was how to dispose of the appeal in light of these changed circumstances. The Court held that the appeal could be effectively resolved by directing the competent authority to reconsider the appellant's case for the grant of Grade-20. The Court emphasized that the administrative authority must evaluate the appellant's entitlement in light of the specific notification upgrading the post. Consequently, the Supreme Court disposed of the appeal with a mandate for the competent authority to decide the appellant's case for promotion within a period of three months, ensuring that the administrative process aligns with the current status of the post and the retirement of the competing candidate.
- Can a service appeal be disposed of by directing the competent authority to reconsider a promotion case in light of changed circumstances?
- Does the retirement of a competing respondent render a challenge to their promotion moot?
- Is the upgradation of a post a relevant factor for an authority to consider when determining an employee's eligibility for a higher grade?
ORDER
' AJMAL MIAN, C.J.---Learned counsel for the appellant points out that the original respondent- Sajad Akbar, who was given Grade-20 instead of the appellant, had retired from service and, therefore, he is no longer in the field. He further points out that even the post which the appellant is holding has been upgraded to Grade-20 through Notification, dated 20th April, 1993 (Notification is at page 26 of the paper book).
2. In view of the above development the above appeal is disposed of with the observation that the competent Authority shall consider the appellant's case for grant of above Grade-20 in view of the up gradation of the post and decide the same within a period of 3 months. Appeal stands disposed of accordingly.