| Citation(s) |
|---|
| 2010 SLG 3039 2010 SLD 3039 2010 PLC 64 |
Lahore High Court
Writ Petitions Nos.8393 and 8394 of 2009, heard on 8th June, 2009. Date of hearing: 8th June, 2009.
HAFIZ TARIQ NASIM, J
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Writ Petitions Nos.8393 and 8394 of 2009, heard on 8th June, 2009. Date of hearing: 8th June, 2009.
HAFIZ TARIQ NASIM, J
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Mirza QAMAR-UZZAMAN
VS
GOVERNMENT OF THE PUNJAB through Secretary, Home Department, Lahore and 3 others
Law: Punjab Civil Servants Act, 1974
Section: 8,4
Law: Constitution of Pakistan, 1973
Section: 199
Punjab Civil Servants Act (VIII of 1974)--- ----S. 8---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Art.199---Constitutional petition---Promotion, entitlement to---Implementation of order of Service Tribunal---Petitioners had prayed that authorities be directed that passed by the Service Tribunal in their favour be implemented in letter and spirit and they should be promoted/given pro forma promotion to the rank of DSP (Legal), with effect from the date when respondent was so promoted with all consequential benefit---While granting relief to respondent, the then Additional Inspector General of Police, specifically made it clear that the benefit extended to respondent would not be a precedent for others---Service Tribunal while allowing appeal of the petitioners had found that order of Additional Inspector-General putting a condition that his order granting promotion to respondent would not be quoted as precedent, could not be sustained in the eye of law---Said of the Service Tribunal having attained finality, it was incumbent upon the authorities to implement the same in letter and spirit---Petitioners were entitled for the same relief which was extended to respondent in its true spirit---Authorities were directed to implement the of the Service Tribunal in letter and spirit---Petitioner should be granted pro forma promotion as DSP (Legal) with effect from the date when respondent was granted promotion. M.A. Rashid Rana v. Chief Secretary 1999 PLC (C.S.) 623; Ghulam Sarwar v. Habib Bank Limited and others 2001 PLC (C.S.) 198; Muhammad Siddique Detho v. State Life Insurance Corporation and others 2005 PLC (C.S.) 946 and Mehar Muhammad Nawaz v. Managing Director, Small Business Corporation and 2 others 2009 SCMR 187 ref. JUDGMENT HAFIZ TARIQ NASIM, J.--- Through this single judgment, I propose to decide Writ Petition No.8394 of 2009 along with this petition, as common question of law is involved. 2. Both these writ petitions are filed with the prayer that respondents Nos.1 and 2 be directed that the judgment, dated 24-5-2001 passed by the Punjab Service Tribunal in Appeal No.3500 of 1999 in favour of the…
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