| Case ID |
36e8fbd0-1110-4a27-bd2b-839fe1928653 |
| Body |
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| Case Number |
Writ Petition No. 816 of 1987 |
| Decision Date |
|
| Hearing Date |
Mar 10, 1991 |
| Decision |
The Lahore High Court dismissed the petition filed by Muhammad Rafique Bhatti, who claimed seniority over the respondents in the Auqaf Department. The court held that the petitioner could not compete with the respondents in seniority due to the classification introduced in the Accounts Service two decades prior. The petitioner, having been classified under Grade-III, did not react to the seniority list issued and the promotions that followed, leading to the dismissal of his petition on the grounds of laches. |
| Summary |
In the case of Writ Petition No. 816 of 1987 heard in the Lahore High Court, the petitioner, Muhammad Rafique Bhatti, contested his seniority in the Auqaf Department against the Chief Administrator of Auqaf (Punjab) and others. The court examined the implications of the West Pakistan Auqaf Service Rules, 1962, and the Punjab Civil Servants Act (VIII of 1974) concerning seniority. The petitioner argued that he should have been promoted ahead of respondents who were junior to him. However, the court found that the petitioner was classified under Grade-III and had not reacted timely to the seniority list or the promotions therein. Consequently, the petitioner was unable to demonstrate a legitimate claim for promotion, resulting in the dismissal of his petition. This case highlights the importance of timely action regarding promotion and seniority within government services, emphasizing the legal frameworks that govern such employment matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Auqaf Department
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
Asmat Kamal Khan,
Karamat Nazir Bhandari,
Syed Jamshed Ali Shah
|
| Petitioners |
MUHAMMAD RAFIQUE BHATTI
|
| Respondents |
CHIEF ADMINISTRATOR OF AUQAF (PUNJAB) and others
|
| Citations |
1992 SLD 740,
1992 PLC 296
|
| Other Citations |
Sardar Muhammad v. Chief Administrator of Auqaf, Punjab and others 1989 PLC (C.S.) 262,
Federation of Pakistan v. Muhammad Naqi Khan and others 1985 SCMR 2099,
Khushi Muhammad and 3 others v. General Manager, Pakistan Western Railways Headquarters Office, Lahore and others PLD 1970 SC 203
|
| Laws Involved |
West Pakistan Auqaf Service Rules, 1962,
Punjab Civil Servants Act (VIII of 1974),
Constitution of Pakistan (1973)
|
| Sections |
R. 17,
S.9,
Art. 199
|