| Case ID |
19f143d5-0007-4506-ad7f-e67a9ec17286 |
| Body |
View case body. Login to View |
| Case Number |
Intra-Court Appeal No.30 of 2011 |
| Decision Date |
Jun 07, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court's decision in this intra-court appeal addressed the promotion rights of a civil servant within the framework of the Punjab Civil Servants Act. The court found that the respondent, Raja MUHAMMAD JAVED, did not have a vested right to promotion based on amendments made to the Punjab Forestry and Wildlife Service Rules. The appeal was allowed, overturning the single judge's decision that favored the respondent. The court emphasized that the government has the authority to amend service rules to maintain efficiency and that no civil servant can claim an absolute right to promotion without meeting the prescribed qualifications. This judgment is significant in clarifying the boundaries of civil servant rights concerning promotions and the government's regulatory powers. |
| Summary |
The case revolves around an intra-court appeal regarding the promotion of a civil servant, Raja MUHAMMAD JAVED, who challenged amendments to the Punjab Forestry and Wildlife Service Rules. The Lahore High Court, presided over by judges CH. SHAHID SAEED and CH. MUHAMMAD YOUNIS, ruled that civil servants do not possess vested rights to promotion and upheld the government's authority to amend service rules to enhance qualifications for positions. This case highlights the legal interpretations of civil service promotion rights under the Punjab Civil Servants Act and the importance of maintaining service efficiency through regulatory amendments. It addresses key themes such as civil servant rights, government authority in service rules, and the implications of qualifications on promotions, making it relevant for legal professionals and civil servants alike. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Government,
Forestry, Wildlife and Fishery Department
|
| Judges |
CH. SHAHID SAEED,
CH. MUHAMMAD YOUNIS
|
| Lawyers |
learned Law Officer,
learned counsel for the respondent
|
| Petitioners |
GOVERNMENT OF PUNJAB,
|
| Respondents |
Raja MUHAMMAD JAVED
|
| Citations |
2013 SLD 1829 = 2013 PLC 459
|
| Other Citations |
Dr. Muhammad Hussain v. Principal, Ayub Medical College and another PLD 2003 SC 143,
Government of N.-W.F.P. Health and Social Welfare Department v. Dr. Sheikh Muzaffar Iqbal 1990 SCMR 1321,
Ch. Muhammad Insha Ullah v. Chief Conservator of Forests PLD 1988 SC 155,
Capt. (Retd.) Abdul Qayyum v. Muhammad Iqbal Khokhar PLD 1992 SC 184,
Tasleem Jan v. Muhammad Zaman 2005 SCMR 695,
Secretary to Government of the Punjab Health Department v. Dr. Abida Iqbal 2009 SCMR 61,
Zubaida Khatoon v. Tehmina Shaikh 2001 SCMR 265,
Sameen Asghar v. Federation of Pakistan 2010 PLC (C.S.) 725,
Manzoor Hussain v. Province of Punjab 1989 PLC (C.S.) 42,
Dr. Ehsan-ul-Haq v. Province of Punjab 1980 SCMR 972,
Tariq Azi-ud-Din and others: In re: Human Right Case 2011 PLC (C.S.) 1130,
M. Zafeer Abbasi v. Government of Pakistan 2003 PLC (C.S.) 503,
Khan M. Mutiur Rehman v. Government of Pakistan 2006 PLC (C.S) 564,
S. Khursheed Hassan Hashmi v. Chief Secretary, Government of Sindh 2007 PLC (C.S.) 589,
Ikramuddin Syed v. Chief Secretary to Government of Sindh 1985 PLC (C.S.) 407,
S. Abdul Ghafar Wasti v. The Collector of Central Excise and Land Customs 1982 SCMR 888,
Hashwani Hotels Limited v. Federation of Pakistan PLD 1997 SC 315,
Governor N.-W.F.P. v. Gul Naras Khan 1987 SCMR 1709
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Constitution of Pakistan,
Law Reforms Ordinance (XII of 1972)
|
| Sections |
8(2),
21,
199,
3
|