| Citation(s) |
|---|
| 2008 SLG 781 2008 SLD 781 2008 CLC 780 |
Lahore High Court
Writ Petition No.2554 of 2007/BWP, decision dated: 29-01-2008
KHURSHID ANWAR BHINDER, J
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Writ Petition No.2554 of 2007/BWP, decision dated: 29-01-2008
KHURSHID ANWAR BHINDER, J
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MUHAMMAD SHAFIQUE
VS
SECRETARY, LOCAL GOVERNMENT AND COMMUNITY DEVELOPMENT, GOVERNMENT OF PUNJAB, LAHORE and 5 others
Law:
Section:
Constitution of Pakistan (1973)------Art. 199---Constitutional petition---Locus standi to file---Competency---Petitioner, who was a contractor working with Government department on contract basis, had challenged eligibility of respondents to be appointed against the posts of Civil Engineer and Sub-Engineer, respectively on the ground that they were not qualified to be appointed on said posts under Punjab Local Government Service (Tehsil Town Municipal Administration Cadre) Rules, 2005 framed on 30-7-2005---Objections raised by the petitioner were rebutted by the authorities contending that rules referred by petitioner were not applicable in the case of respondents, but only rules framed under Punjab Local Council Service (Appointment and ,Conditions of Service) Rules, 1983 were- applicable as rules referred by the petitioner were promulgated long after appointment of the respondents---Petitioner who was a private contractor working with the department cm contract basis, was not an "aggrieved person" to file constitutional petition and had no locus standi in the matter agitated in the petition---Petitioner had nowhere mentioned in his petition that any of his rights was infringed---Constitutional petition, otherwise being based on mala fide intention of petitioner, was liable to be dismissed. Jamshad Akhtar Khokhar for Petitioner. Tariq Shafi, A.A.-G. for Respondents Nos.1, 2 and 4. Malik Muhammad Aslam for Respondent No.3. Hafiz Muhammad Abdul Qayyum for Respondents Nso.5 and 6. ORDER KHURSHID ANWAR BHINDER, J.---Grievance voiced by the petitioner in this constitutional petition is that respondent No.5 is working as Assistant Tehsil Officer (A.T.O.) infrastructure against the ' post of Civil Engineer. The qualification for the post held by respondent No.5 is B.Sc. Engineering in Civil Technology and, as such, he is not eligible to hold the said post, because he is only matriculate along with three years Diploma in Electrical, whereas respondent No.6 is also not eligible to be posted as Sub-Engineer as he is diploma-holder in mechanical technology, which is not requisite qualification for the post held by the respondent No.6, and prayed that appointment ofโฆ
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