Case Details

Citation(s)
2017 SLG 737 2017 SLD 737 2017 PLC 556
Lahore High Court
I.C.A. No. 39 of 2016, decision dated: 09-01-2017.
AYESHA A. MALIK, JUSTICE, JAWAD HASSAN, JUSTICE
Petitioner(s) by: Rana Ijaz Ahmad

AYESHA A. MALIK, JUSTICE JAWAD HASSAN, JUSTICE SAIF -URREHMAN

VS

FAISALABAD ELECTRIC SUPPLY COMPANY (FESCO) AND OTHERS

Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ----Notification No.SOR-IV(S&GAD)-5-16/84 dated 18-04-1984---Appointment---Medical examination---Scope---Petitioner was appointed on contract basis but his service was terminated and post was again advertised---Petitioner, after second advertisement qualified for the appointment and was advised to get medically examined---Petitioner was declared medically unfit and department refused to join him in the service---Contention of petitioner, in intra-court appeal was that he was appointed on the basis of a valid medical certificate and declaring him unfit in the second round for the same post was mala fide---Validity---Employee, under the Rules, was not required to produce fresh medical certificate of fitness in circumstances---Subsequent appointment was subject to the condition that there must not be a break in service of the employee---Petitioner was terminated from service on 06-06-2011 and new employment letter was issued on 07-07-2011 with a break in his service of one month---No illegality was pointed out in the impugned passed by the Single Judge of High Court---Intra-Court appeal of employee was dismissed in circumstances. THIS ORDER PASSED BY: AYESHA A. MALIK, JUSTICE---.--- Through the instant Intra Court Appeal filed under Section 3 of Law Reforms Ordinance, 1972 the Appellant has called in question the legality of impugned judgment dated 11.12.2015 passed in Writ Petition No.25930/2011 by the learned Single Judge and also sought a direction to the Respondents Nos.1 to 3 to allow the Appellant to join the service on the basis of previous valid medical report w.e.f. 07.07.2011. 2. Brief facts revealing from the instant appeal are that the Appellant was initially appointed as Assistant Line Man (BPS-3) in the Respondents Department under the Employees Children Quota (Category-III) on contract basis vide the Respondents' Memo dated 06.01.2010 and the Appellant gave his joining after being declared medically fit for the job vide medical report issued by the Respondent No.4 dated 27.01.2010. The appointments of the Appellant and others were challenged before this Court through…
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