| Citation(s) |
|---|
| 2021 SLG 1088 2021 SLD 1088 2021 PLC 576 |
Lahore High Court
Writ Petition No. 35666 of 2020, heard on 12th November, 2020, Date of hearing: 12th November, 2020.
JAWAD HASSAN, JUSTICE
Khawaja Adnan Ahmad, Advocate Supreme Court for Petitioner. Barrister Umair Niazi, Additional Advocate General, Barrister Hassan Khalid Ranjha, Assistant Advocate General along with Amir Ghazi, Additional Secretary and Abbas Ali, Law Officer, Specialized
Writ Petition No. 35666 of 2020, heard on 12th November, 2020, Date of hearing: 12th November, 2020.
JAWAD HASSAN, JUSTICE
Khawaja Adnan Ahmad, Advocate Supreme Court for Petitioner. Barrister Umair Niazi, Additional Advocate General, Barrister Hassan Khalid Ranjha, Assistant Advocate General along with Amir Ghazi, Additional Secretary and Abbas Ali, Law Officer, Specialized
DR. HAROON AZIZ KHAN BABAR
VS
PROVINCE OF PUNJAB AND OTHERS
Law:
Section:
Civil service--- ----Transfer and posting---Scope---Petitioner, who was regularized by the authorities on the basis of passed by Division Bench of the High Court, was posted at district M but he approached the authorities for his posting at district L---Due to no response, petitioner approached the High Court and sought directions regarding his pending application---Petitioner again approached the authorities for compliance of directions issued in said petition and when no response was received, he filed another constitutional petition---Authorities submitted report and parawise comments and attached certain documents including the impugned order wherein it was concluded that certain important facts were not submitted before the Provincial Selection Board at the time of recommendations for regularization of the petitioner and his subsequent clearance for promotion on regular basis---Validity---Matter with regard to the regularization and subsequent promotion was put by authorities before the Provincial Selection Board where they could have pointed out all the facts and grounds and objections on the regularization and promotion or even could defer the matter till the decision of petition for leave to appeal pending before the Supreme Court but instead they proceeded to grant regularization and promotion to the petitioner after approval from the Chief Minister---Authorities had not mentioned the relevant law/rule under which decision of Provincial Selection Board could be challenged by the Administrative Department, hence, the impugned order was sketchy and non-speaking---Constitutional petition was allowed, impugned order was set aside and the authorities were directed to give posting to the petitioner. Water and Sanitation Agency, Lahore through MD v. Lottee Akhtar Beverages (Pvt.) Ltd. Lahore and others 2019 SCMR 1146; Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456 and National Assembly Secretariat v. Manzoor Ahmed and another 2015 SCMR 253 ref. Muhammad Ismail v. State PLD 1974 Kar. 29; Yousaf A. Mitha and others v. Abo Bakar and others PLD 1980 Kar. 92 and Nazar and others v. Member (Judicial-II), BOR 2010 SCMR 1429 rel.…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492