Case Details

Citation(s)
1997 SLG 822 1997 SLD 822 1997 PLC 490
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1314-L of 1995, decision dated: 12-12-1995. (On appeal from the order of the learned High Court dated 5-11-1995 passed in W.P. No. 4050 of 1995).
MANZOOR HUSSAIN SIAL AND RAJA AFRASIAB KHAN, JJ

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Dr. MAZHAR-ULHAQ QURESHI

VS

Dr. YAQOOB BAIG MIRZA, PROFESSOR OF ORAL SURQERY/MEDICAL SUPERINTENDENT, LAHORE and 2 others

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)S. 4Constitution of Pakistan (1973), Arts. 199, 212 & 185(3)­Appointu4ent to specified postRespondent being senior most in hierarchy of service and holding charge of post in question, was granted status quo by High Court when petitioner was appointed to that post by Government­Petitioner twice moved High Court for vacation of status quo order but to no effectValidityPetitioner's main thrust against grant of status quo order was that High Court was not competent to entertain Constitutional petition and give interim relief to respondent in view of bar of Art. 212 of the ConstitutionPetitioner, however, stated that if main petition already pending before High Court was decided expeditiously, he would not press his petition for leave to appealRespondent did not oppose such statement­Question of jurisdiction having been raised in Constitutional petition, High Court was directed to decide the same on or before specified dateBoth parties were directed to appear before High Court on specified dateIf matter was not decided within specified date, petitioner would be within his right to resurrect his case before Supreme Court. K.M.A. Samdani, Advocate Supreme Court alongwith M'. Salim Sahgal, Advocate Supreme Court and Mahmudul Islam, Advocateon­-Record for Petitioner. Dr. Danishwar Malik, Advocate Supreme Court instructed by M.Z. Khalil, AdvocateonRecord for Respondents/Caveators. Date of hearing: 12th December, 1995. ORDER RAJA AFRASIAB KHAN, J.On 3rd of April, 1995, in Writ Petition No. 4050 of 1995 having been moved by Dr. Yaqoob Baig Mirza, the respondent No. 1, following interim order was passed by the Lahore High Court: "Learned counsel for the petitioner contends that the petitioner being the seniormost Professor of Dentistry in the Province of Punjab qualifies for a regular appointment as the Principal of de`montmorency College of Dentistry at Lahore and that at any rate he has been holding the said office since the 19th of April, 1994 and, therefore, the action/decision of the Government of the Punjab through the Secretary, Services, SGA I Department, Civil Secretariat, Lahore (respondent No. 1) and the Secretary…
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