Case Details

Citation(s)
2006 SLG 1811 2006 SLD 1811 2006 PLC 1014
Lahore High Court
I.C.A. No.95 of 2005 in Writ Petition No.4734 of 2004, decision dated: 27-04-2006.
MAULVI ANWARUL HAQ AND MUHAMMAD, JEHANGIR ARSHAD, JJ

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MUHAMMAD HANEEF

VS

INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and 3 others MUHAMMAD HANEEF vs INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and 3 others

Law:

Section:

Police Rules, 1934-------R.13.9(1)---Punjab Service Tribunals Act (IX of 1974),S.4---Constitution of Pakistan (1973), Arts.199 & 212---Head Constable of Police---Promotion to the rank of Assistant Sub-Inspector---Appellant, who had qualified intermediate course in 1993 and was placed in list-D from said year claimed the given promotion with effect from 1988 when his batchmates were promoted although he had not even passed said examination at that time---Validity---Rule13.9(1) of Police Rules, 1934 provides that for promotion and placement in list-D passing of intermediate course was a condition precedent for being eligible and appellant who had admittedly not passed the intermediate course in 1988 with his batchmates could not claim his conferred promotion and placement in list-D retrospectively---If appellant felt that this eligibility was not correctly determined then the same was a fresh cause of action for which he might approach the competent authority as it was the question of fitness and not the eligibility for promotion could be raised only before the Service Tribunal and bar created by Art.212 of the Constitution would be operative in the case. Dr. Ahmad Salman Waris, Assistant Professor, Services Hospital, Lahore v. Dr. Naeem Akhtar and 5 others PLD 1997 SC 382 rel. Muhammad Ramzan Khalid, Joiya, Zafarullah Khan Khakwani, A.A.-G. Mirza Ramzan Baig, DSP for Respondent No.2. Mushtaq Ahmed Inspector Legal Multan. Karamat Ali Inspector o/o DIG Gujranwala. ORDER MUHAMMAD JEHANGIR ARSHAD, J.---This I.C.A is directed against the order dated 18-4-2005 whereby the learned Single Judge, in chamber, of this Court dismissed W.P.No.4734/2004 filed by the appellant, seeking the following relief`-- "In view of the above submissions, it is most respectfully prayed that petition may graciously be accepted and the respondents Nos.1--3 may kindly be directed as per the revised seniority list, petitioner shall be considered for service benefits/promotion in the same way as has been allowed to his immediate junior specially respondent No.4 Karamat Ali and others." 2. The facts in brief are that appellant approached the Punjab Services Tribunal, Lahore with the prayer…
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