| Citation(s) |
|---|
| 2016 SLG 749 2016 SLD 749 2016 PLC 569 |
Peshawar High Court
Writ Petition No. 3673-P of 2012, decided on 9th September, 2015. Date of hearing: 9th September, 2015.
WAQAR AHMAD SETH AND MUSSARAT HILALI, JJ
Shamsul Hadi for Petitioner. Muhammad Arif Khan for
Respondents.
Writ Petition No. 3673-P of 2012, decided on 9th September, 2015. Date of hearing: 9th September, 2015.
WAQAR AHMAD SETH AND MUSSARAT HILALI, JJ
Shamsul Hadi for Petitioner. Muhammad Arif Khan for
Respondents.
MUHAMMAD AMIN
VS
MANAGING DIRECTOR, HOUSE BUILDING FINANCE CORPORATION and 2 others
Law:
Section:
House Building Finance Corporation Service Regulations, 1957--- ----Regln. 16---Promotion---Seniority cum fitness---Selection on merits---Pendency of departmental proceedings---Effect---Employee had prayed for issuance of appropriate writ directing department to give him due seniority and promotion---Contention of employee was that juniors to him had been promoted in violation of rules and policy on the subject---Validity---Employee had unblemished service record on his credit with nothing adverse---Promotions to the post up to the rank of Assistant was to be made on the basis of seniority cum fitness and promotions to other posts by "Selection" on merits---No one could be punished by denying promotion before establishing charge---Pendency of inquiry was no ground for denying promotion to the employee---Employee had been exonerated from the charges leveled against him by the competent authority---Department was directed to issue promotion order of employee with effect from the date when junior of the petitioner was promoted within a specified period---Constitutional petition was accepted in circumstances. Maj Ziaul Hassan, Home Secretary and others v. Miss Naseem Chaudry 2000 SCMR 645 and Hammad Raza Qureshi v. Departmental Promotion Committee, Punjab 2008 PLC (C.S) 551 rel. JUDGMENT WAQAR AHMAD SETH, J.--- The petitioner Muhammad Amin has filed the instant writ petition seeking therein an appropriate writ directing the respondents to give him due seniority and promotion to the post of Chief Manager from the date of impugned promotion order dated 30.05.2005, vide which respondent No.3 has been promoted, with all its back benefits. 2. Brief facts of the case are that the petitioner joined House Building Finance Corporation on 11.04.1984 as Assistant and later on promoted to various posts and lastly to the post of Manager in September, 1999 and during this period he performed his duty at various stations throughout the country. The petitioner during service has earned good ACRs with no entry of adverse remarks and it was on 30.5.2005, when his High-ups promoted respondent No.3 to the post of Chief Manager vide office order No.379 despite the fact that he was not…
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