Case Details

Citation(s)
2011 SLG 1352 2011 SLD 1352 2011 SCMR 356
Supreme Court of Pakistan
Civil Appeal No. 2213 of 2008, decision dated: 2-03-2010, hearing DATE : 2-03-2009. (On appeal from the judgment of the Lahore High Court, Lahore, passed in ICA No. 262 of 2005)
NASIR-UL-MULK, ZIA PERWEZ AND SYED ZAWWAR HUSSAIN, JAFFERY, JJ
Aftab Gul, Advocate Supreme Court for Appellant. Mudassar Khalid Abbaasi, Additional Advocate-General Punjab for
Respondents. Abdul Rahim Bhatti, Advocate Supreme Court for
Respondent

Syed SABIR HUSSAIN SHAH

VS

GOVERNMENT OF THE PUNJAB and others

Law:

Section:

(a) Punjab Local Fund Audit Department Service Rules, 1981--- ----Notification S.R.O-III-1-6/72, dated, 21-11-1981---Constitution of Pakistan, Art. 185(3)---Leave to appeal was granted by Supreme Court to consider impact and effect of notification dated 30-5-2005, in particular the schedule attached thereto, and as to whether the notification was mandatory or regulatory/directory. (b) Punjab Local Fund Audit Department Service Rules, 1981--- ----Notification S.R.O-III-1-6/72, dated, 21-11-1981 & Schedule---Words "holding post of Divisional Director"---Scope----Petitioner assailed promotion of -Respondent on the ground that he was serving on transfer in Finance Department---Validity---Department had been making such promotions on correct interpretations of Punjab Local Fund Audit Department Service Rules, 1981---Word "holding post of Divisional Director" appearing in Punjab Local Fund Audit Department Service Rules, 1981, meant holding of substantial post of Divisional Director in the Department, therefore, -Respondent was eligible to be considered for promotion as Provincial Director----Petitioner failed to make out any case to successfully assail promotion of -Respondent as Provincial Director in the Department of Local Fund Audit of Punjab---Supreme Court declined to interfere in the judgment passed by Service Tribunal---Leave to appeal was refused. Asian Food Industries Ltd. v. Pakistan 1985 SCMR 1753 and Province of Punjab v. Shah Muhammad Chaudhry 1997 PLC (C.S.) 412 ref. JUDGMENT NASIR-UL-MULK, J. ---This appeal by leave of the Court arises from the judgment of the Lahore High Court, dated 29-4-2008 dismissing the appellant's intra-court appeal against the judgment of the Judge-in-Chambers whereby the appellant's Writ Petition No.9637 was disallowed. 2. The appellant is serving as Divisional Director in the Local Fund Audit Department, Government of Punjab, and in the writ petition filed before the Lahore High Court he had assailed the promotion of -Respondent No. 4, Rab Nawaz Khan, to the post of Director Local Government Fund Audit and claimed the same office for himself. The grounds on which leave to appeal was granted are mentioned in the leave…
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