| Case ID |
1f360a70-fee3-46f6-9f18-ccd711fd6eac |
| Body |
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| Case Number |
W.P. No. 109335 of 2017 |
| Decision Date |
Jan 03, 2018 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the petitioner, Aamir Tufail Chaudhary, allowing him to join as the Deputy District Public Prosecutor. The court found that the actions of the respondents were mala fide, particularly regarding the constitution of a Special Medical Board for re-examination after the petitioner had already been cleared by the Medical Board. The court emphasized the necessity of ensuring that individuals with disabilities receive reasonable accommodations to enjoy their fundamental rights. The impugned order was set aside, and the department was directed to issue the appointment letter to the petitioner, recognizing the vested rights that had accrued to him. |
| Summary |
In the case of W.P. No. 109335 of 2017, the Lahore High Court addressed the rights of a visually impaired advocate, Aamir Tufail Chaudhary, who applied for the position of Deputy District Public Prosecutor under the disabled quota. The court found that the petitioner was wrongfully denied his appointment despite being cleared by the Medical Board. The ruling underscored the importance of providing reasonable accommodations for persons with disabilities, ensuring they can fully enjoy their fundamental rights. The decision highlighted the principle of 'locus poenitentiae', which prevents the government from retracting decisions that create vested rights. The court's judgment reinforces the legal protections for disabled individuals in employment contexts, establishing a precedent for similar cases in the future. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
Jawad Hassan
|
| Lawyers |
Barrister Haris Azmat,
Barrister Maryam Hayat,
Muhammad Bilal Ramzan,
Ali Sindhu,
Khursheed Nawaz Bangash
|
| Petitioners |
Aamir Tufail Chaudhary
|
| Respondents |
Government of Punjab,
Abdul Sammad,
Nawazish Ali,
Junaid Safdar
|
| Citations |
2018 SLD 991 = 2018 PLC 493
|
| Other Citations |
Hafiz Junaid Mahmood v. Government of Punjab and others PLD 2017 Lah. 1,
Muhammad Yousaf and another v. Chairman Federal Public Service Commission and 4 others PLD 2017 Lah. 406,
Bashir Ahmed Solangi v. Chief Secretary, Government of Sindh, Karachi and 2 others 2004 SCMR 1864,
Mst. Basharat Jehan v. Director General 2015 SCMR 1418,
Mst. Saima Hameed v. Executive District Officer (Health) Pakpattan Sharif and 2 others 2011 PLC (C.S) 351,
Zakir Muneer v. Executive District Officer (Health) Abbottabad and 3 others 2011 PLC (C.S.) 1651,
Munawar Hassan v. Chief Secretary, Government of Balochistan and 3 others 2017 PLC (C.S.) 81,
Jawad Ali and others v. Superintendent Jail and others 2017 PLC (C.S.) 587,
JDW Sugar Mills LTD. and others v. Province of Punjab and others PLD 2017 Lah. 68
|
| Laws Involved |
General Clauses Act, 1897
|
| Sections |
21
|