Case Details

Citation(s)
2011 SLG 1652 2011 SLD 1652 2011 PLC 334
Lahore High Court
Writ Petitions Nos.23022 and 23019 of 2010, decision dated: 28-10-2010.
CH. MUHAMMAD TARIQ, J

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MUHAMMAD TAHIR RASOOL

VS

PUNJAB PUBLIC SERVICE COMMISSION through Secretary and another MUHAMMAD TAHIR RASOOL vs PUNJAB PUBLIC SERVICE COMMISSION through Secretary and another

Law:

Section:

Constitution of Pakistan-------Arts. 199 & 212---Constitutional petition---Civil service---Promotion and seniority-Eligibility of an employee for promotion could not be a subject of constitutional petition and it was only competent authority to change seniority position assigned to an employee---Even otherwise seniority and promotion was a question of terms and conditions of service which fell within the domain of Service Tribunal and Art.212 of the Constitution---Constitutional jurisdiction of High Court under Art.199 of the Constitution could not be invoked. 1996 SCMR 645; 2010 SCMR 501 and 2010 SCMR 450 ref. Khadim Hussain Khokhar for Petitioners. ORDER CH. MUHAMMAD TARIQ, J.--- This order will dispose of Writ Petition No.23022 of 2010 and Writ Petition No.23019 of 2010 as common question of law and fact is involved in these writ petitions. 2. Learned counsel for the petitioners inter aria contends that during the year 2000, the Punjab Public Service Commission, Lahore by exercising powers conferred on it by subsection (2) of section. 10 of the Punjab Public Service Commission Ordinance, 1978 made and issued the Punjab Public Service Commission Regulations, 2000 vide Notification dated 8-4-2000 hereinafter to be referred as the Regulations for regulating the selection process and other allied matters/issues and activities. On receipt of requisitions from the respondent No.2 along with Service Rules dated 17-4-1989 regarding recruitment to 314 posts reserved for Senior Headmasters (BS-18) etc. and to 169 posts reserved for Senior Headmistress (BS-18) etc. The respondent No.1 floated an advertisement in the daily Jang, Lahore on 3-5-2009 containing therein the following conditions for the said posts:-- "EDUCATION DEPARTMENT (SCHOOL WING) S.R.No.35. (Case No.1-RD/2009) Recruitment to 314 (Three hundred and fourteen) posts including 6 posts reserved for disabled persons of Senior Headmaster/Deputy District Education Officer (BS-18) (Male) on contract basis for the period of five years on all Punjab basis in the Punjab School Education Department. QUALIFICATION:-- (i) Master Degree not below 2nd Division in Arts or Science from a recognized University or…
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