Federal Constitutional Court of Pakistan
Chairman, Khyber Pakhtunkhwa Text Book Board, Peshawar and another v. Musadiq Ali Bangash and others
Published on this website
C.A. Nos. 537 & 538 of 2021; C.M.A. 108-P/2021; C.P.L.A. 6615/2021
Citation: Approved for reporting; no reporter or neutral citation printed in the supplied judgment
Background
Background
FCC allowed the KP Textbook Board’s appeal: BS-14 upgradation did not place a Storekeeper in the Assistants’ cadre or confer seniority there.
Legal questions
Legal questions
Whether a judgment granting pay upgradation and provisional inclusion in another cadre’s seniority list conferred a right to that cadre and seniority.
Court holding
What the Court decided
Pay upgradation did not change the employee’s cadre. Transfer or induction requires authority in the service rules. Provisional inclusion could not enlarge the earlier judgment or create a right contrary to the service structure. Employees whose seniority and promotion rights were affected required a hearing.
Final outcome
Final outcome
Civil Appeal No. 537 of 2021 allowed and PHC judgment of 4 December 2020 set aside. Civil Appeal No. 538 of 2021 and CPLA No. 6615 of 2021 disposed of as infructuous. The earlier BS-14 upgradation benefit was not withdrawn.
Practical effect
What the decision means in practice
Civil Appeal No. 537 of 2021 allowed and PHC judgment of 4 December 2020 set aside. Civil Appeal No. 538 of 2021 and CPLA No. 6615 of 2021 disposed of as infructuous. The earlier BS-14 upgradation benefit was not withdrawn.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
Key legal principles
Key legal principles
- Pay upgradation did not change the employee’s cadre. Transfer or induction requires authority in the service rules. Provisional inclusion could not enlarge the earlier judgment or create a right contrary to the service structure. Employees whose seniority and promotion rights were affected required a hearing.
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Related article
Related article
FCC allowed the KP Textbook Board’s appeal: BS-14 upgradation did not place a Storekeeper in the Assistants’ cadre or confer seniority there.
Read the related article →