1989 PLP 1444 (SCMR)
MAHMOOD KHAN Petitioner Versus PROVINCE OF THE PUNJAB and others Respondents
| Citation | 1989 PLP 1444 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Usman Ali Shah and Ali Hussain Qazilbash, JJ |
| Parties | MAHMOOD KHAN Petitioner Versus PROVINCE OF THE PUNJAB and others Respondents |
| Primary Law | Civil service‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1444 (SCMR)?
This judgment primarily cites: Civil service‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1444 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Usman Ali Shah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1444 (SCMR) (MAHMOOD KHAN Petitioner Versus PROVINCE OF THE PUNJAB and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sadiq Muhammad Warraich, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 11th April, 1989.
Headnotes / Summary
(From the judgment of the Punjab Service Tribunal, dated 16‑1‑1988, passed in Appeal No.387/207 of 1987). ‑‑‑ Constitution of Pakistani‑‑‑Art.212(3)‑‑Seniority‑‑Petitioner, on being disbanded from Federal Security Force was given a fresh appointment as Junior Clerk in the Police Department and on his joining the Police service as such he gave an undertaking that he would not claim seniority over persons already working as Junior Clerk‑‑Petitioner, held. could not take benefit of case of one of his colleagues in F.S.F. who joined the Police service as an A.S.I. on the executive. side.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the order of the Punjab Service Tribunal, dated 16‑1‑1988.
2. The petitioner was serving as an A.S.I. in the Federal Security Force. On its disbandment, his services were permanently transferred to the Punjab Police with effect from 1‑12‑1977, where he was given a fresh appointment as junior clerk as per memorandum dated 28‑12‑1977 on temporary basis subject to the condition that his terms of service would be determined on receipt of policy/ruling from the Government. Since one of his colleagues, namely, Zawar Hussain, was appointed as an A.S.I. on the Executive side, the petitioner sought interview with the relevant authorities who advised him to wait till a vacancy occurred. The petitioner made another attempt but was told that no action could be taken till the policy is announced for the former F.S.F. personnel. The petitioner then made further representation to the Inspector‑General of Police. Punjab, on 24‑11‑1986. A favourable comment was sent to him by the Department but the representation was turned down on 21st March, 1987. The petitioner then approached the Punjab Service Tribunal by filing an appeal but the same was dismissed through the impugned order.
3. We have heard the learned counsel for the petitioner, and as the case stands we do not see any merit in it in that admittedly the petitioner on being disbanded from the F.S.F. was given a fresh appointment as junior clerk in the Police Department and on his joining the Police Service as such he gave an undertaking that he would not claim seniority over the already serving junior A clerks. The policy in respect of terms and conditions of service referred to in various documents and relied upon by the petitioner obviously related to his joining on the ministerial side of the Police Department. The petitioner cannot take benefit of the case of Zawar Hussain because he joined the Police Service as an A.S.I. on the Executive side.
4. This petition is hereby dismissed. M.B.A./M‑805/S Petition dismissed.