| Case ID |
5134f197-46ff-4aa7-bbdf-3714469b408c |
| Body |
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| Case Number |
Writ Petition No. 2059 of 1987 |
| Decision Date |
Apr 29, 1989 |
| Hearing Date |
Apr 29, 1989 |
| Decision |
The petitioners, who were Senior Clerks, challenged the new Punjab Labour Department Service Rules, 1987, which stipulated educational qualifications for the post of Labour Inspector. The court held that the petitioners had no vested right to be promoted based on defunct rules, as the new rules were valid and the Governor had the authority to amend them. It was determined that the new qualifications were reasonable and did not discriminate against the petitioners. The petition was dismissed because the petitioners failed to fulfill the prescribed academic qualifications and did not implead the promoted colleagues as respondents. |
| Summary |
This case revolves around the legality of the Punjab Labour Department Service Rules, 1987, particularly concerning the qualifications required for the promotion of Senior Clerks to the position of Labour Inspector. The petitioners argued that the new educational requirements infringed upon their vested rights established under the previous rules. However, the Lahore High Court ruled that the Governor was competent to amend rules as necessary and that the petitioners' claims were invalid as the new rules were applicable. The decision emphasized the importance of educational qualifications in civil service promotions, reflecting a trend towards specialization in public service roles. This case highlights critical issues in administrative law, the balance of rights in public employment, and the evolving standards of qualifications in civil service roles. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASSAN KHAN, J
|
| Lawyers |
Hamid Khan for Petitioners,
Farooq Bedar, Addl. A.-G. for Respondent
|
| Petitioners |
MUAMMAD NAWAZ and others
|
| Respondents |
GOVERNMENT OF PUNJAB
|
| Citations |
1989 SLD 2484,
1989 PLC 897
|
| Other Citations |
A, B, C & D Ch. Muhammad Insha Ullah v. The Chief Conservator of Forests P L D 1988 S C 155,
Miss Rifat Parveen v. Selection Committee P L D 1980 Quetta 10,
Jibendra Kishore Achharyya Chowdhury v. The Province of East Pakistan P L D 1957 S C (Pak.) 9,
Government of West Pakistan v. Fida Muhammad Khan P L D 1960 S C 45,
Central Board of Revenue, Government of Pakistan v. Asad Ahmad Khan P L D 1960 S C 81,
Province of West Pakistan v. Muhammad Akhtar P L D 1962 S C 428,
Manzar Ahmad v. Muhammad Ishaq P L D 1964 S C 17,
Muhammad Umar Malik v. Federal Service Tribunal and others P L D 1987 S C 172,
Falak Sher Khan v. Mukhtar Ahmad P L D 1989 S C 262
|
| Laws Involved |
Punjab Labour Department Service Rules, 1987,
Punjab Civil Servants Act (VIII of 1974),
Constitution of Pakistan (1973)
|
| Sections |
23,
199
|