| Citation(s) |
|---|
| 2008 SLG 1587 2008 SLD 1587 2008 SCMR 369 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.2598-L of 2004, decision dated: 1st November, 2004.(On appeal from the judgment, dated 10-7-2004 of the Punjab Service Tribunal, Lahore passed in Appeal No.708 of 2004)
KHALIL-UR-REHMAN RAMDAY, FALAK SHER AND M. JAVED BUTTAR, JJ
Fawzi Zafar, A.A.G. along with Dr. Ijaz Munir, Additional Secretary, Health. Amir Alam Khan, Senior Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for
Respondent No. 1.
Respondent No. 2 in person.
Civil Petition for Leave to Appeal No.2598-L of 2004, decision dated: 1st November, 2004.(On appeal from the judgment, dated 10-7-2004 of the Punjab Service Tribunal, Lahore passed in Appeal No.708 of 2004)
KHALIL-UR-REHMAN RAMDAY, FALAK SHER AND M. JAVED BUTTAR, JJ
Fawzi Zafar, A.A.G. along with Dr. Ijaz Munir, Additional Secretary, Health. Amir Alam Khan, Senior Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for
Respondent No. 1.
Respondent No. 2 in person.
SECRETARY TO GOVERNMENT OF THE PUNJAB, HEALTH DEPARTMENT, LAHORE and others
VS
Dr. ABIDA IQBAL and another
Law:
Section:
(a) Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979-----Constitution of Pakistan (1973), Art.212(3)---Promotion---Post of Professor in Medical College---Initial appointment of appellant as Demonstrator, but subsequently promoted by Provincial Government to use designation of Assistant Professor as a special case of hardship---Initial appointment of respondent as Demonstrator, but subsequently promoted as Assistant Professor on recommendations of Public Service Commission---Contest between appellant and respondent for post of Professor---Post of Assistant Professor could be filled only through initial recruitment by Public Service Commission (the only proper and legal path to reach such post) and there was no provision for any appointment to such post through promotion---Respondent had become an Assistant Professor through legal and right channel---Appellant had been allowed to use designation of Assistant Professor as a special case of hardship---Appointment of appellant as Assistant Professor was invalid, thus, she was not qualified to be appointed or promoted as Associate Professor and in turn not entitled to be considered for post of Professor. (b) Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979--- ----Constitution of Pakistan (1973), Art.212(3)---Promotion---Post of Professor in Fatima Jinnah Medical College, Lahore---Appellant promoted by Punjab Government to use designation of Assistant Professor as a special case of hardship---Respondent promoted as Assistant Professor on recommendations of Public Service Commission---Contest between appellant and respondent for post of Professor---Promotion of respondent as Professor---Service Tribunal accepted appeal of appellant on the ground that she belonged to Fatima Jinnah Cadre, while respondent fell in General Cadre---Validity---Leave to appeal was granted by the Supreme Court to consider question that did any such cadres exist in law vis-a-vis members of teaching staff of such college; that was respondent rightly placed outside so-called Fatima Jinnah Cadre, meaning thereby that she was lawfully found disentitled to guarantees given by Government…
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