| Case ID |
3ab7b731-bc21-484f-9b23-c9f1527ad70e |
| Body |
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| Case Number |
Writ Petition No. 607 of 2019 |
| Decision Date |
Jan 17, 2020 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioner against the order of the Punjab Labour Appellate Tribunal which had upheld the termination of the petitioner's services. The decision was based on the finding that the petitioner did not possess the requisite qualifications for the post of driver at the time of his appointment. The court emphasized that fixing appointment criteria is an administrative matter falling within the government's policy-making domain, and interference by the courts in such matters is not warranted. The court ruled that the lack of basic qualifications cannot be cured by subsequently obtaining qualifications or experience, as this would undermine the integrity of the recruitment process. |
| Summary |
This case involves a constitutional petition challenging the termination of a driver's appointment due to failure to meet the required qualifications at the time of application. The Lahore High Court ruled on 17th January 2020, emphasizing the importance of adhering to the prescribed criteria for public service appointments. The petitioner argued that he was appointed by a competent authority and had served for five years, hence his termination without inquiry was unjust. However, the court held that the appointment was invalid as the petitioner lacked the necessary qualifications, which included holding an LTV driving license and relevant experience at the time of application. The ruling reinforced the principle that qualifications must be met at the time of appointment and cannot be retroactively satisfied. The case cites several precedents that establish the importance of qualifications in public service recruitment and the limited role of courts in administrative matters. This case is significant for clarifying the standards for appointment eligibility in public service positions, making it a critical reference for similar disputes in the future. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUZAMIL AKHTAR SHABBIR,
SHAHID AZIZ
|
| Lawyers |
Rana Muhammad Nazir Khan Saeed,
Muhammad Aurengzeb Khan, A.A.G.
|
| Petitioners |
MUZAMIL AKHTAR SHABBIR
|
| Respondents |
4 OTHERS,
CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, MULTAN
|
| Citations |
2021 SLD 1038,
2021 PLC 118
|
| Other Citations |
2006 SCMR 285,
2016 SCMR 1021,
2013 SCMR 55,
2007 SCMR 1835,
2013 SCMR 1752,
PLD 1958 SC 104
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|