| Case ID |
0aebf850-35e6-402a-b96a-19551e2e8996 |
| Body |
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| Case Number |
Writ Petitions Nos.61 and 62 of 1983 |
| Decision Date |
Apr 29, 1989 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled on the eligibility of the petitioners for promotion as Professors in the Punjab Health Department, determining that the amendments made to the Service Rules were inconsistent with the regulations established by the Pakistan Medical and Dental Council. The Court emphasized that the right to be considered for promotion is a vested right of civil servants. The amendment that prescribed a target date of 25-11-1977 for eligibility for promotion was deemed ultra vires and discriminatory. Thus, the petitioners were declared eligible for promotion in accordance with the regulations of the Pakistan Medical and Dental Council. No costs were ordered. |
| Summary |
In the landmark case of Syed Muhammad Zafar Bukhari vs. Government of Punjab, the Lahore High Court addressed critical issues surrounding the promotion of civil servants within the Punjab Health Department. The petitioners challenged amendments to the Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979, which imposed a target date of 25-11-1977 for eligibility for promotion to the post of Professor. The Court highlighted that the right to be considered for promotion is a vested right, protected under the Constitution of Pakistan. The ruling underscored the precedence of regulations set by the Pakistan Medical and Dental Council over provincial rules, deeming the amendments as inconsistent and discriminatory. This decision reinforces the principles of fairness and equality in public service promotions and emphasizes the importance of adhering to established regulations in the healthcare education sector. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Medical and Dental Council,
Punjab Health Department
|
| Judges |
LEHRASAP KHAN, J
|
| Lawyers |
Ch. Khurshid Ahmad,
Muhammad Rashid Malik
|
| Petitioners |
Syed MUHAMMAD ZAFAR BUKHARI
|
| Respondents |
GOVERNMENT OF THE PUNJAB
|
| Citations |
1989 SLD 1544,
1989 PLC 752
|
| Other Citations |
Muttaqi Hussain Rizvi v. Province of Sind and another P L D 1978 Kar. 703,
Sahibzada Farid-ud-Din Ahmad v. The Province of Punjab and another P L D 1976 Lah. 1310
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973),
Punjab Civil Servants Act (VIII of 1974),
Medical Council Ordinance (XXXII of 1962)
|
| Sections |
4,
199,
212,
23,
33(2)
|