| Case ID |
2d15b8d4-f9dd-40ff-860e-8847a53a745b |
| Body |
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| Case Number |
Writ Petition No.55270 of 2020 |
| Decision Date |
Sep 20, 2021 |
| Hearing Date |
Sep 20, 2021 |
| Decision |
The Lahore High Court ruled in favor of the petitioner, ASAD ABBAS, allowing his writ petition against the Government of Punjab regarding the appointment to the position of Sub-Inspector (BS-11). The court found that the petitioner was subjected to discrimination as he was next in merit and should have been appointed when previous candidates did not join duty. The court declared the impugned order illegal and instructed the department to rectify the grievance in compliance with the law and applicable case law, ensuring that the petitioner was considered for the appointment as per his rightful place in the merit list. |
| Summary |
In the case of ASAD ABBAS vs. GOVERNMENT OF THE PUNJAB, the Lahore High Court addressed significant issues surrounding merit-based appointments within civil service positions. The petitioner challenged the decision of the Co-operative Societies Department, which denied his application for appointment despite being next in line on the merit list. The court emphasized the importance of following due process in recruitment and the obligation of the department to consider candidates from the waiting list when selected candidates do not join. This case highlights the principles of equality and non-discrimination as enshrined in Article 25 of the Constitution of Pakistan, reinforcing the legal framework for fair employment practices. The decision serves as a critical precedent for future cases involving civil service appointments and the rights of candidates in merit-based selection processes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Sajid Mehmood Sethi
|
| Lawyers |
Saif-ur-Rehman Jasra,
Barrister Ameer Abbas Ali Khan,
Usman Umar,
Muhammad Ilyas
|
| Petitioners |
ASAD ABBAS
|
| Respondents |
GOVERNMENT OF THE PUNJAB through Secretary Co-operative Societies Department, Lahore and others
|
| Citations |
2024 SLD 2638,
2024 PLC 142
|
| Other Citations |
Dr. Sumera Tabassum v. F.P.S.C. and others 2016 PLC (C.S.) 596,
Shabana Akhtar v. District Coordination Officer, Bhakkar and 2 others 2012 PLC (C .S.) 366,
Collector of Customs, Lahore and others v. Messrs S. Fazal Ilahi and Sons through Proprietor 2015 SCMR 1488,
Dr. Farhat Naz v. Chairman Selection / Promotion Board, Ayub Teaching Hospital, Abbottabad and others 2017 MLD 1842,
Muhammad Arshad v. Province of Sindh through Chief Secretary, Government of Sindh and 9 others 2018 PLC (C.S.) Note 2,
Managing Director, Public Procurement Regulatory Authority (PPRA) and another v. Muhammad Zubair and 6 others 2019 PLC (C.S.) 1348,
Kh. Aamir Ahmed v. Azad Government of the State of Jammu and Kashmir through Chief Secretary and 6 others 2021 YLR 1313,
The Secretary Punjab Public Service Commission, Lahore and others v. Aamir Hayat and others 2019 SCMR 124
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
25
|