Case Details

Citation(s)
2006 SLG 1715 2006 SLD 1715 2006 PLC 588
Lahore High Court
Writ Petitions Nos. 16 and 686 of 2006, heard on 6-04-2006.
MAULVI ANWARUL HAQ, J

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JAMSHAID AHMAD

VS

DISTRICT CO-ORDINATION OFFICER, MUZAFFARGARH and another JAMSHAID AHMAD vs DISTRICT CO-ORDINATION OFFICER, MUZAFFARGARH and another

Law:

Section:

Punjab Revenue Department (Revenue Administration Posts) Rules, 1990-------Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Naib Tehsildar, post of---Promotion of Senior Clerk as Naib Tehsildar by District Coordination Officer on directive of Chief Minister and not by Departmental Selection Committee---Validity---District Coordination Officer was not an Appointing Authority---Chief Minister was not attributed any role in the matter of appointments or promotions of civil servants---High Court accepted constitutional petition, declared impugned order to be without lawful authority and set aside the same with direction to convene meeting of Departmental Selection Committee in prescribed manner and take up for consideration cases of all eligible candidates including the respondent and make selection without being influenced by such directive. Muhammad Akhtar Shirani and others v. Punjab Text Book Board and others 2004 SCMR 1077 and Abdul Samad Umrani and another v. Zahid Ali Badini, DSP and 4 others 2001 SCMR 65 ref. Sahibzada Mehboob Ali Khan and Tahir Mahmood for Petitioner. Zafarullah Khan Khakwani A.A.-G. for Respondent. Ch. Saghir Ahmad for Respondent No.2. Mian Arshad Latif for Respondent No.3 (In W.P. No.686 of 2006). Date of hearing: 6th April, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.---This judgment shall decided W.P. No.16/06 and W.P. No.686/06 as common questions are involved and the appointment of Muhammad Iqbal the private respondent in both the cases has been questioned. 2. The petitioner in W.P. No.16/06 is an Assistant in the office of EDO(R), Muzaffargarh while the petitioner in W.P. No.686/06 is a Senior Clerk in the said office while the respondent No.3 is a Senior Clerk in the office of DDO (R), Jatoi, District Muzaffargarh. There is no dispute whatsoever that the matter of promotion to the post of Naib Tehsildar is governed by the Punjab Revenue Department (Revenue Administration Posts) Rules, 1990, as amended up-to March, 2002, According to these rules, the appointments are to be made to the said post by the EDO(R) in the following manner: (i) 50%…
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