Federal Constitutional Court of Pakistan
Tanveer Ahmed Tahir v. Federation of Pakistan through Secretary Establishment Division & others
Published on this website
C.P.L.A. No. 824 of 2022
Citation: Approved for reporting; no reporter or neutral citation printed in the supplied judgment
Background
Background
FCC dismissed Tanveer Ahmed Tahir’s promotion petition, while requiring lawful reasons for repeated deferment and fresh consideration when the sole obstacle ends.
Legal questions
Legal questions
Whether repeated promotion deferment gives an automatic right to promotion, and what limits govern the CSB’s discretion and judicial review.
Court holding
What the Court decided
Three deferments do not create an automatic right to promotion. Each must have a lawful, relevant and adequately reasoned basis. When the sole obstacle ends, lawful reconsideration is required. Courts may examine the decision-making process without reassessing comparative merit or substituting for the CSB.
Final outcome
Final outcome
Leave to appeal refused and petition dismissed. The Islamabad High Court judgment remained undisturbed; no promotion or fresh CSB assessment was ordered.
Practical effect
What the decision means in practice
Challenge a specific illegality, irrelevant consideration or unsupported deferment; the number of prior deferments alone does not establish an entitlement to promotion.
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
- Three deferments do not create an automatic right to promotion. Each must have a lawful, relevant and adequately reasoned basis. When the sole obstacle ends, lawful reconsideration is required. Courts may examine the decision-making process without reassessing comparative merit or substituting for the CSB.
- Rule-specific exceptions and time limits must be examined without treating them as automatic awards of promotion.
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Related article
Related article
FCC dismissed Tanveer Ahmed Tahir’s promotion petition, while requiring lawful reasons for repeated deferment and fresh consideration when the sole obstacle ends.
Read the related article →