Legal Case Summary

Case Details
Case ID 10b2d215-d945-455a-b1d4-13e3284ff526
Body View case body.
Case Number Writ Petition No. 69 of 1993
Decision Date Oct 31, 1995
Hearing Date Oct 30, 1995
Decision The Lahore High Court ruled in favor of the petitioner Muhammad Abdul Zahoor, directing the Commissioner of Rawalpindi Division to regularize his appointment as Naib-Tehsildar. The court found that the Chief Minister's orders for his appointment were not complied with, and subsequent denials of vacancy were deemed mala fide. It established that the petitioner had a vested right to the position following his selection and that the officers responsible for the appointment failed to act in accordance with the law, resulting in discriminatory treatment. The court emphasized the obligation of public officers to adhere to the rule of law and protect citizens' rights.
Summary In the case of Writ Petition No. 69 of 1993, Muhammad Abdul Zahoor sought legal remedy from the Lahore High Court, challenging the non-issuance of his appointment as Naib-Tehsildar despite being selected by the Chief Minister of Punjab. The court scrutinized the actions of the Commissioner of Rawalpindi Division, who failed to comply with the appointment orders on the pretext of non-availability of vacancies. The court ruled that the petitioner had a constitutional right to be appointed and highlighted the discriminatory practices of the administrative officers. The judgment reinforced the importance of adherence to legal processes and the protection of citizens' rights under the Constitution of Pakistan. The case serves as a precedent for similar administrative injustices, underlining the need for fair treatment in public service appointments.
Court Lahore High Court
Entities Involved Not available
Judges RAJA ABDUL AZIZ BHATTI, J
Lawyers Not available
Petitioners MUHAMMAD ABDUL ZAHOOR
Respondents PROVINCE OF PUNJAB and others
Citations 1996 SLD 599, 1996 PLC 600
Other Citations PLD 1964 SC 302, PLD 1988 SC 155, 1986 CLC 1408, PLD 1988 SC 376, PLD 1988 SC 416, PLD 1991 SC 58, 1993 SCMR 1326, 1989 PLC (C.S.) 785, 1993 PLC (C.S.) 345, PLD 1985 SC 195, PLD 1990 SC 672, PLD 1993 Kar. 140, PLD 1993 Kar. 144
Laws Involved West Pakistan Tehsildari and Naib-Tehsildari Service Rules, 1962, Constitution of Pakistan (1973)
Sections R. 8, 4, 25, 199