| Citation(s) |
|---|
| 2021 SLG 1071 2021 SLD 1071 2021 PLC 468 |
Lahore High Court
Writ Petition No. 55193 of 2019, decided on 26th October, 2020.
MUHAMMAD AMEER BHATTI, JUSTICE
Mehr Asif Iqbal for Petitioner.
Writ Petition No. 55193 of 2019, decided on 26th October, 2020.
MUHAMMAD AMEER BHATTI, JUSTICE
Mehr Asif Iqbal for Petitioner.
LATIF AHMED
VS
THE CHIEF SECRETARY PUNJAB, LAHORE AND ANOTHER
Law:
Section:
(a) Civil service--- ----Appointment---Demand of fresh medical certificate from government servant on account of his another appointment---Scope---Petitioner, who was a Senior Special Education Teacher (BS-17), applied for the post of Headmaster (BS-18) through proper channel---Petitioner was eventually selected as such by the Public Service Commission, yet the department denied issuance of his appointment letter on the premise that he had failed to furnish the medical certificate as a pre-requisite---Validity---Government through a notification had issued instructions to all the appointing authorities to abstain from foisting the production of fresh medical certificate of fitness upon any government servant on account of his/her another appointment in the government department---Action of the department qua non-issuance of appointment letter to the petitioner was declared to be without lawful authority and illegal, therefore, the same was set aside---Department was directed to issue appointment letter to the petitioner---Constitutional petition was allowed. (b) Punjab Civil Services (Applications for Posts) Rules, 1987--- ----Rr.4 5---Forwarding of Applications---Release on selection for appointment to a post for which application was forwarded---Scope---Application for appointment in another post of employee could only be accepted if it was forwarded through the office of competent authority and thus, was enough to regard the fitness of that person as valid and consent of that department not to object to relieve him on his selection. ORDER MUHAMMAD AMEER BHATTI, J.--- The succinct facts germane to the disposal of instant constitutional petition are that the petitioner, who was initially appointed as Junior Special Education Teacher (H.I. Field/BS-16) in the Special Education Department and attained the rank of Senior Special Education Teacher (H.I. Field/BS-17), had applied for the post of Headmaster (H.I. Field/BS-18) through proper channel in the same department. He was eventually selected as such by the Punjab Public Service Commission and offer of appointment dated 18.08.2016 was duly accepted by him, yet the respondents denied the issuance of his…
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