| Citation(s) |
|---|
| 2006 SLG 1903 2006 SLD 1903 2006 PLC 1299 |
Lahore High Court
Writ Petition No.2713 of 2006, decision dated: 26-06-2006.
MAULVI ANWARUL HAQ, J
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Writ Petition No.2713 of 2006, decision dated: 26-06-2006.
MAULVI ANWARUL HAQ, J
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DR. MUHAMMAD ARSHAD
VS
GOVERNMENT OF PUNJAB through Chief Secretary Punjab Civil Secretariat, Lahore and 10 others
Law:
Section:
Constitution of Pakistan (1973)-------Arts. 199 & 212 (1)(a)---Constitutional petition---Promotion--Petitioner's claim to be senior to respondents---Selection Board considered both petitioner and respondents, but recommended respondents for promotion and not the petitioner---Transfer of respondent and his posting on promoted post---Selection Board in its subsequent meeting recommended petitioner for promotion with effect from the date when private respondents were promoted---Undertaking given to High Court by department that after approval of petitioner's promotion by competent authority, notification of his promotion would be issued---Effect---Grievance of petitioner stood adequately redressed by such undertaking---Matter of transfer and posting was within domain of competent departmental authorities---Transfer or posting to certain post was a matter pertaining to terms and conditions of service---High Court in view of such undertaking disposed of constitutional petition with direction to issue requisite notification/order within specified time. Malik Muhammad Rafiq Rajwana, Hafiz M. Naveed for the Petitioner. Zafarullah Khan Khakwani, A.-A.G. Sardar Riaz Karim for Respondents Nos.8 to 11. Muneeb ur Rehman, SO(CO), Muhammad Yousaf, SO (Legal), Muhammad Qasim, Litigation Officer, Abrar Hussain, Assistant Health Department. ORDER MAULVI ANWARUL HAQ, J---Report and parawise comments as also a copy of the requisite record have been filed by the learned A.-A.G. These have been perused with the assistance of learned counsel for the petitioner and the learned law officer. 2. According to the contents of this writ petition, the petitioner after having joined service of the Health Department on 15-2-1979 was promoted as Assistant Professor in 1985 and then as Associate Professor of Medicine (Grade 19) on 7-4-1996. He is at Serial No.8 as per seniority list (Annex. A.). He had been also working on acting charge basis as Incharge of the Medical Unit No.4 of Ward Nos.11 and 12 of Nishtar Hospital. Grievance being made out is that the Selection Board in its meeting held in the year 2005 did not consider his case for promotion due to absence of some documents. The Board…
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