Case Details

Citation(s)
1989 SLG 1321 1989 SLD 1321 1989 PLC 438
Lahore High Court
Writ Petition No. 77 of 1989, decided on 9th January, 1989.
IRSALID HASAN KHAN, J
Sheikh Abdul Qayyum for Petitioner.

IQBAL AHSAN BAIG

VS

SECRETARY EDUCATION

Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)-- ---S. 8--Punjab Service Tribunals Act (IX of 1974), S. 4--Promotion--Cancellation of order of--Petitioner's order of promotion cancelled on ground that he had failed to join his place of posting within stipulated period permissible under Rules--Order of cancellation prima facie was without lawful authority and ex facie based on erroneous assumption of fact--Operation of impugned order suspended pending final disposal of main petition. (b) Punjab Service Tribunals Act (IX of 1974)- ---S. 4--Constitution of Pakistan (1973) Art 199--Constitutional petition-­Grievance of petitioner relating to his terms and conditions of service which could be agitated before Service Tribunal--Service Tribunal not functioning for lack of appointment of its Chairman--Petitioner, therefore, having no remedy for the time being for redress of this grievance Constitutional petition was admitted for regular hearing. ORDER The petitioner was promoted as Professor and posted at Government College of Science, Faisalabad, vide Government Notification dated 28-4-1988, in BPS-19. He made a representation for his posting in the Government College, Lahore. His representation was turned down by the Education Department, Government of Punjab, on 4-8-1988. He was, however, directed to join his new assignment till 15-8-1988. In consequence, the petitioner took charge of his new assignment on 15-8-1988. Notwithstanding this, the Special Secretary Education, Government of Punjab,…
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