Federal Constitutional Court of Pakistan

Chairman, Khyber Pakhtunkhwa Text Book Board, Peshawar and another v. Musadiq Ali Bangash and others

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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

Pakistan | Khyber Pakhtunkhwa Text Book Board Employees Regulations, 1972 | Regulations 3 and 12Pakistan | Khyber Pakhtunkhwa Text Book Board Ordinance, 1971 | Section 24Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Articles 199 and 175F

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

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 The earlier BS-14 upgradation benefit was not withdrawn.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 The earlier BS-14 upgradation benefit was not withdrawn.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.

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