| Citation(s) |
|---|
| 2004 SLG 1459 2004 SLD 1459 2004 PLC 317 |
Lahore High Court
Writ petition No. 14929 of 2003, decision dated: 12-11-2003.
SYED ZAHID HUSSAIN, J
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Writ petition No. 14929 of 2003, decision dated: 12-11-2003.
SYED ZAHID HUSSAIN, J
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IJAZ AHMAD CHAUDHRY
VS
SECRETARY AGRICULTURE, GOVERNMENT OF THE PUNJAB, AGRICULTURE DEPARTMENT, CIVIL SECRETARIAT, LAHORE and 3 others
Law:
Section:
Constitution of Pakistan (1973)-------Art-199---Constitutional petition---Chief Minister, order of--Changing of the order by Department---Chief Minister reinstated 831 employees of Agriculture, Department---Name of the petitioner was included in the list of the employees approved by the Chief Minister but the name was not included in the order issued by the Department--Contention of the Department was that the name of the petitioner was erroneously included in the list 'approved by the Chief Minister--Validity---What has been approved and ordered by the Chief Minister could not be nullified or altered by the Department---Chief Minister had not ordered for any change, the Department could not act on its own to the prejudice of the petitioner and delete his name from the list of reinstated employees---Petitioner was. entitled to seek implementation of his reinstatement order by the Chief Minister of the Province and the Department had no lawful authority to deprive the petitioner there from--Petition was allowed accordingly. Raja Muhammad Nawaz v, Government of the Punjab 1981 SCMR 523 ref. Ch. Abdul Razzaq for Petitioner. Fazal Meeran Chohan, Addl. A.-G. ORDER Petitioner herein was a Supervisor in the Department of Agriculture, Government of Punjab who had been appointed on contract basis on 7-1-1993. Although the said appointment was to enure up to 315-1993 but, undisputedly he continuously continued in that position till 20-7-2000 when he was relieved from duty like many others. In the year 2002 the matter received the notice and attention of Chief Minister of the Province who approved, the reinstatement of all 831 employees of the Department. In the list of such employees, the name of Muhammad Ijaz Ahmed (petitioner herein), appears at serial No.264. However while issuing order dated 24-5-2003 (of reinstatement of 831 employees), his name was not included therein. The matter 'was accordingly taken up by him departmentally and then before the Punjab Service Tribunal where his appeal was dismissed as not maintainable. He has in this context approached this Court for the redressal of his grievance. 2. In the report and parawise comments filed by the…
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