| Case ID |
39e4aef5-e5ac-47f9-b030-569afcd9f426 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 3487 of 1992 |
| Decision Date |
Mar 11, 2003 |
| Hearing Date |
Feb 19, 2003 |
| Decision |
The Lahore High Court dismissed the writ petition filed by Ghulam Muhammad, affirming the decision of the Secretary Law which had reversed the appointment of the petitioner as caretaker of the water supply tank. The court found that the appointment was made contrary to the agreement that the caretaker position would be filled by the owner of the water spring. The court ruled that satisfactory performance of the duties by the petitioner did not legitimize his unlawful appointment. Additionally, the court noted that objections raised regarding the administrative nature of the appointment were not entertained as they were not brought up in prior forums. Overall, the decision underscored the principle of equity in administrative appointments and the necessity for adherence to established eligibility criteria. |
| Summary |
This case revolves around the appointment of a caretaker for a Rural Water Supply Scheme in the Thobai area of Punjab, initiated in 1990. The petitioner, Ghulam Muhammad, was appointed by the Public Health Engineering Department; however, the appointment was contested by Noor Muhammad and others who claimed ownership of the water spring, a crucial factor in determining eligibility for the caretaker role. The Lahore High Court examined the procedural history, including the findings of the Political Assistant and the Commissioner, ultimately upholding the Secretary Law's decision to dismiss the petitioner's claim. The court emphasized that satisfactory performance does not equate to lawful appointment when eligibility criteria are not met. This case highlights the importance of adhering to established legal principles regarding administrative appointments and the role of judicial review in ensuring equity and justice in public service positions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FARRUKH LATEEF, J
|
| Lawyers |
Muhammad Naveed Hashmi for Petitioner,
Muhammad Ashraf Qureshi for Respondents Nos. 1 and 2,
Muhammad Jehangir Arshad, A.A.-G. for Respondents Nos. 3 and 4
|
| Petitioners |
GHULAM MUHAMMAD
|
| Respondents |
NOOR MUHAMMAD and others
|
| Citations |
2003 SLD 2650,
2003 CLC 1248
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199
|