Case Details

Citation(s)
2008 SLG 1400 2008 SLD 1400 2008 PLC 1260
Lahore High Court
Writ Petition No.1839_of 2007, decided on 26th March, 2008.
HAFIZ TARIQ NASIM, J
Muhammad Amin Goraya for Petitioner. Naeem Masood, Asstt. A.G. Punjab for
Respondents.

ABDUL HAMEED

VS

GOVERNMENT OF PUNJAB and others

Law: Punjab Civil Servants Act, 1974 

Section: 8

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Civil Servants Act (VIII of 1974)---   ----S. 8---Constitution of Pakistan (1973), Art.199---Constitutional petition---Promotion---Eligibility for promotion---Petitioner had prayed that his case of pro forma promotion be ordered to be placed before the appropriate Department for consideration on merits---Assistant Advocate-General after consulting relevant record, had not denied that petitioner was eligible for promotion, before his superannuation and that said benefit was not granted to him due to any fault on his part---Validity---When a legitimate expectant for promotion was admittedly eligible person, the post was available in the petitioners quota for promotion and only on extraneous consideration he was singled out without any justification, such course could not be justified in law---Action of Departmental Authorities for withholding petitioners promotion with effect from date of his eligibility and the occurrence of vacancy in his quota, was unlawful, and violative of all norms of justice---High Court directed that petitioners pro forma promotion case be placed before the Departmental Promotion Committee within specified period---Departmental Promotion Committee was directed to complete that process fairly, justly and without getting influenced by any extraneous matter. ORDER HAFIZ TARIQ NASIM, J.--- The petitioner has filed writ petition with the prayer that the case of pro forma promotion be ordered to be placed before the appropriate Departmental Promotion Committee for consideration on merits. 2. The petitioner who was a Librarian in the Government College of Science, Faisalabad, was expecting his promotion but with no fault of him he was singled out without any justification whatsoever. 3. Aggrieved of this, he filed a representation and even invoked the jurisdiction of Punjab Service Tribunal in Appeal No.2359 of 2003 which was disposed of with the direction to the respondent to decide the petitioners representation through a speaking order, after hearing him. 4. The learned counsel submits that despite the directions of the Service Tribunal, the respondents kept waiting for the superannuation of the petitioner and did not decide the…
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