| Case ID |
20ea30be-b98d-4f50-9d18-b6e2354ced8b |
| Body |
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| Case Number |
Writ Petition No. 3531 of 1990 |
| Decision Date |
Nov 25, 1990 |
| Hearing Date |
Nov 25, 1990 |
| Decision |
The Lahore High Court ruled in favor of the petitioner, Ch. Yar Muhammad Durraiana, regarding the proforma promotion of civil servants under the Constitution of Pakistan. The court found that the respondent authority had failed to comply with a previous undertaking given in an earlier constitutional petition. The court emphasized that the civil servant's case should have been placed before the Provincial Promotion Committee instead of being submitted directly to the Chief Minister. The ruling highlighted the importance of adhering to legal frameworks and procedures set forth in the Punjab Civil Servants Act and its associated rules. The court directed that the civil servant's promotion case should be reconsidered based on the law, and any undue delays or mechanical deferments were deemed illegal. |
| Summary |
This case revolves around the proforma promotion of a civil servant, Ch. Yar Muhammad Durraiana, challenging the Government of Punjab's actions in failing to comply with constitutional mandates regarding civil service promotions. The Lahore High Court scrutinized the procedural lapses in handling the promotion case, emphasizing the need for adherence to established guidelines under the Constitution of Pakistan and relevant civil service regulations. The court's decision underlines the significance of upholding the rights of civil servants to fair consideration for promotions, thereby reinforcing legal accountability within the civil service framework. This case is pivotal in understanding the legal landscape surrounding civil service promotions in Pakistan and sheds light on the judicial interpretations of the Constitution and civil service rules. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHARY, J
|
| Lawyers |
Syed Jamshed Ali Shah,
Maqbool Elahi Malik,
Malik Muhammad Rashid
|
| Petitioners |
Ch. YAR MUHAMMAD DURRAIANA
|
| Respondents |
another,
GOVERNMENT OF THE PUNJAB
|
| Citations |
1992 SLD 646 = 1992 PLC 95
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Civil Servants (Efficiency and Discipline) Rules 1975,
Punjab Civil Servants Act (VIII of 1974)
|
| Sections |
199,
4,
23
|