| Case ID |
d7425e2b-cdb5-42fa-985c-4c2284eaa441 |
| Body |
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| Case Number |
Writ Petition No. 7480 of 1997 |
| Decision Date |
Dec 12, 1997 |
| Hearing Date |
Dec 12, 1997 |
| Decision |
The petitioner challenged the notification dated 13-1-1997, which stated that he would retire on 17-4-1997, claiming that his position as Chairman of the Punjab Textbook Board was a tenure post and should not be affected by his retirement from government service. The court examined the arguments and found that the appointment was not under the terms of the West Pakistan Textbook Board Ordinance but was a transfer. The court ruled that a government servant on deputation could be recalled or resign before the end of the three-year term. Consequently, the petition was dismissed with costs, affirming that the petitioner could not hold the post of Chairman post-retirement. |
| Summary |
In the case of Dr. Abdul Rahman Chaudhry v. Government of Punjab, the Lahore High Court deliberated on the legality of a retirement notification affecting the petitioner's position as Chairman of the Punjab Textbook Board. The petitioner argued that his role was secure due to the tenure nature of the position as outlined in the West Pakistan Textbook Board Ordinance of 1962. This legal dispute hinged on interpretations of relevant laws, including the Punjab Textbook Board Employees Service Regulations of 1981 and constitutional provisions. The court ultimately ruled that the petitioner’s retirement indeed nullified his position as Chairman, as the appointment was not a formal tenure but rather a transfer subject to the conditions of the government service regulations. The ruling emphasized the rights of the government to recall civil servants from their posts prior to the completion of their tenure, thereby reinforcing the authority of administrative decisions within government structures. This case highlights important aspects of employment law for civil servants in Pakistan, particularly regarding tenure positions and retirement protocols. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Punjab,
Punjab Textbook Board
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
Muhammad Saeed Akhtar,
Addl. A.-G.
|
| Petitioners |
Dr. ABDUL RAHMAN CHAUDHRY
|
| Respondents |
GOVERNMENT OF PUNJAB through Chief Secretary, Civil Secretariat, Lahore and another
|
| Citations |
1998 SLD 1352,
1998 PLC 419
|
| Other Citations |
PLD 1979 Lah. 324 = 1982 PLC 515,
PLD 1989 Lah. 175,
1990 CLC 772,
1992 PLC (C.S.) 259
|
| Laws Involved |
West Pakistan Textbook Board Ordinance, 1962,
Punjab Textbook Board Employees Service Regulations, 1981,
Constitution of Pakistan, 1973
|
| Sections |
4(2)(a),
Regln. 23,
Art. 199
|