| Case ID |
d5da5478-ca6e-4b72-ade9-ce7e56854325 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.511/L of 199 |
| Decision Date |
Sep 02, 1990 |
| Hearing Date |
|
| Decision |
The lien of the respondent No.1 could not be terminated even with her consent before she was confirmed in another post, under Rule 3.15 Civil Services Rules (Punjab) Volume I. Hence, absolutely no case is made out for leave to appeal which is hereby refused. The petition was dismissed. |
| Summary |
In this landmark decision by the Supreme Court of Pakistan, the court addressed the issue of the termination of lien of civil servants under the Civil Service Rules, specifically Rule 3.15. The case involved the petitioners, including the Mayor of Lahore Metropolitan Corporation, and the respondent Miss Mehmooda Sadiqa Hashmi. The court ruled that a civil servant's lien cannot be terminated even with their consent if they have not yet been confirmed in another position. This ruling emphasizes the protections afforded to civil servants under the law, ensuring that their rights are upheld during administrative processes. The decision is significant in understanding the legal framework surrounding civil service employment and the conditions under which a lien may be terminated, making it a crucial reference for future cases involving civil servant rights and administrative law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore Metropolitan Corporation
|
| Judges |
SHAFI UR RAHMAN,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
S.A. Abid Nawaz, Advocate Supreme Court/Advocate-on-Record for Petitioners,
Nemo for Respondents
|
| Petitioners |
another,
THE MAYOR, LAHORE METROPOLITAN CORPORATION
|
| Respondents |
3 others,
Miss MEHMOONA SADIQA HASHMI
|
| Citations |
1994 SLD 329,
1994 PLC 741
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Service Rules
|
| Sections |
3.15
|