| Citation(s) |
|---|
| 2000 SLG 1768 2000 SLD 1768 = 2000 PLC 1343 |
Lahore High Court
Intra-Court Appeal No.26 of 2000, decision dated: 31st May,2000
M. JAVED BUTTER AND SHEIKH ABDUL RAZZAQ, JJ
Intra-Court Appeal No.26 of 2000, decision dated: 31st May,2000
M. JAVED BUTTER AND SHEIKH ABDUL RAZZAQ, JJ
MUHAMMAD TARIQ SHARIFvsFEDERATION OF PAKISTAN through Secretary, Ministry of Women Development Social, Welfare and Special Education, Islamabad and 3 others
Law: Azad Jammu and Kashmir Service Tribunal Act, 1973
Section: 4
Law: Constitution of Pakistan, 1973
Section: 199 & 212
Law: Law Reforms Ordinance, 1972
Section: 3
Service Tribunals Act (LXX of 1973)-------S.4---Constitution of Pakistan (1973), Arts. 199 & 212---Law Reforms Ordinance (XII of 1972), S.3---Promotion---Constitutional petition.--�Competency---Civil servant through Constitutional petition had alleged that he being employee of National Training Centre for Disabled Persons, his service was to be governed by National Training Centre for Disabled Persons Recruitments Rules, 1988 notified under S.R.O. 1194, dated 22-12-1988 and hat he had not been given promotion to B.P.S.19 as Director according to he rules---Matter raised in the Constitutional petition was purely a matter elating to terms and conditions of service of petitioner which could be urged through appeal under S.4 of Service Tribunals Act, 1973, before service Tribunal---Constitutional petition, in circumstances was incompetent.Afnan Karim Kundi for Appellant.Qazi Ahmad Naeem Qureshi for Respondents.ORDER The appellant Muhammad Tariq Sharif, Deputy Director, National Training Centre for Disabled Persons, presently posted at Directorate General of Special Education, Islamabad, instituted Writ Petition No.337 of 2,000 praying as follows:-- "(i) That this Hon'ble Court's judgment/order, dated 27-1-1999. passed in Writ Petition No.1233 of 1995 may kindly be clarified to the extent of it not placing any bar on the processing of the promotion case of the petitioner to the post of Director in BPS-19 in NTCDP as per the NTCDP Recruitment Rules of 1988. (ii) That appropriate directions may kindly be issued to the Respondents to process the petitioner's promotion case accordingly from due date without any further delay. (iii) That revised consolidated Recruitment Rules be not notified until and unless the promotion case of the petitioner, as prayed for above, has been finalized. (iv) That pending the final disposal of the writ petition, the petitioner may also be granted interim relief by restraining the respondents from promoting any other Deputy Director in DGSE to the post of Director (BPS. 19). (v) That any other favourable relief as may be deemed just and proper in the circumstances of the case in hand may also kindly be…