1997 PLP 963 (SCMR)

3. The respondent had filed W.P. No.61/1995 in the Lahore High Court against the petitioner praying for a .declaration that the amendment made in the Punjab Health Department Medical and Dental Teaching Posts Service Rules, 1976 by Notification NO.SRO.Ill‑1‑6‑1981 dated 17‑10‑1981 prescribing the qualifications for the appointment to the post of Professor in the educational cadre of the Medical Colleges and prescribing the date of appointment as before 25‑11‑1977 was illegal. and of no legal effect. It was pleaded that as at the relevant time the respondent was serving as an Assistant Professor, Forensic Medicine, Allama Iqbal Medical College, Lahore, his rights could not be adversely affected by the impugned notification. This petition was partly allowed by judgment dated 29‑4‑1989 in the following manner: ‑‑‑ "In the light of the foregoing conclusions, the writ petitions are partly allowed and it is declared that the petitioners are eligible to be considered for promotion as Professors in accordance with the regulations of the Pakistan Medical and Dental Council Regulations which have ascendency over the Punjab Health Department (Medical and Dental Teaching Posts, Service Rules, 1979. There shall, however, be no order as to costs".

4. The petitioner filed I.C.A., against this judgment which was withdrawn on the ground that it (petitioner) wanted to file petition for leave to appeal in this Court. Such petition was filed but was dismissed. The respondent then filed an application for Contempt of Court in the High Court against the petitioner and Secretary, Services SGA&I for failure to implement judgment dated 29‑4‑1989. The petitioner filed the explanation which was not accepted and the hearing was adjourned to 8‑10‑1995 with direction to the petitioner and the concerned persons to appear in person on the said date. On 8‑10‑1995 the following order was passed:‑‑‑ "Mr. Zia‑ur‑Rehman, Secretary Services says that the case of the petitioner shall be reconsidered in the light of judgment passed by this Court in Writ Petition No.61/1985 and by the Supreme Court for promotion to the post of Professor in Grade‑

20. A Special Meeting of the Provincial Selection Board shall be held within 15 days from today to consider the case of the petitioner. The Board may take a decision on implementation of the judgment of this Court in strict sense that promotion of the petitioner may be treated provisional and without prejudice to the stand of the Government to approach the Supreme Court for clarification and the same shall also be subject to decision made by the Supreme Court in the matter of clarification.

2. In this view of the matter the notice issued by this Court for Contempt of Court is hereby discharged. 3 .To come tip on 29‑10‑1995 .

4. Copy Dasti on payment of usual charges."

5. On 29‑10‑1995 taking note of the statement/plea raised by Mr. Zia‑ur‑Rehman, Secretary SGA&I Department, it was ordered as follows:‑‑‑, "Mr. Zia‑ur‑Rehman undertakes that the case of the petitioner for promotion to Grade‑20 under PMDC Regulation, 1979 with immediate effect shall be placed in the first meeting of the Board to be convened hereafter. The judgment of this Court dated 29‑4‑1989 passed in Writ Petition No.61/1985 stands complied with, therefore, this petition is disposed of."

6. The learned Additional Advocate‑General contended that the direction to consider the respondent for promotion to Grade‑20 under PMDC Regulation No. 19 of 1979 was in conflict with the judgment of the Supreme Court passed in Civil Appeal No.46‑P/1986 (Government of N.‑W.F.P., Health and Social Welfare Department v. Dr. Sheikh Muzaffar Iqbal and others 1990 SCMR 1321) where it was observed as follows:‑‑ "The respondent being a civil servant, the terms and conditions of his service are not governed ‑ by the Regulations made by the Pakistan Medical and Dental Council but by the N.‑W.F.P. Civil Servants Act and the N.‑W.F.P. Civil Servants (Appointment, Promotion and Transfer) Rules, 1975. It is by incorporation of the qualifications in the rules that the civil servants like the respondent and others could claim to be governed by it and not independently of any such incorporation."

7. It was further contended that the observations and the law laid down by this Court is binding and the same was not noticed by the learned Judge and the direction to follow the Regulations of Pakistan Medical and Dental Council was illegal. Leave is granted. The operation of the impugned orders are I stayed. A.A./P‑282/S Leave granted.