Prof. MUMTAZ ALI vs GOVERNMENT OF PAKISTAN and 2 others
This matter comes before the Supreme Court of Pakistan as an appeal filed by Prof. Mumtaz Ali against the Government of Pakistan and others. The core legal question concerns the entitlement of the appellant to promotion or grant of Grade-20 in light of subsequent service developments, particularly the retirement of the original contesting respondent and the upgradation of the appellant's post to Grade-20 via a notification dated 20th April, 1993. The court held that the appeal should be disposed of with a direction to the competent authority to consider the appellant's case for the grant of Grade-20 based on the post's upgradation. The key principle laid down is that where subsequent service developments and upgradation of a post occur, the competent authority is directed to re-evaluate and decide the affected civil servant's claim for grade progression within a specified timeframe.
- Whether the competent authority is bound to consider a civil servant's case for Grade-20 upon the upgradation of their post?
- How should an appeal regarding service grade allocation be disposed of when the original contesting respondent has retired from service?
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 upgradation of the post and decide the same within a period of 3 months. Appeal stands disposed of accordingly.