2000 PLP 1004 (SCMR)
ASGHAR ALI — Petitioner Versus ADMINISTRATOR; TOWN COMMITTE, PIR MAHAL,
| Citation | 2000 PLP 1004 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan, Raja Afrasiab Khan |
| Parties | ASGHAR ALI — Petitioner Versus ADMINISTRATOR; TOWN COMMITTE, PIR MAHAL, |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2000 PLP 1004 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 1004 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan, Raja Afrasiab Khan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1004 (SCMR) (ASGHAR ALI — Petitioner Versus ADMINISTRATOR; TOWN COMMITTE, PIR MAHAL,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Ali Muhammad, Advocate Supreme, Court for Petitioner.
- Asghar Mir Baloch, Advocate Supreme Court and M. Yasin, Senior Clerk, Office of D.C., T .T. Singh for Respondent No.2.
- Date of hearing: 21st December, 1999.
Headnotes / Summary
(On appeal from the judgment, dated 14-5-1997 passed by Lahore High Court, Lahore in Writ Petition No.955 of 1997).
Art.185(3)
Petition for leave to appeal-Petitioner approached the High n Court in Constitutional jurisdiction for his appointment in Town Committee
Constitutional petition was dismissed by High Court on the ground that post had been abolished by the Committee
Supreme Court- on perusal of report filed by Committee declined to interfere with the order of High Court
Leave to appeal was refused. Respondent No.1 in person.
Judgment & Decree
IRSHAD HASAN KHAN, J.
This petition for leave to appeal is directed against the judgment, dated 14-5=1997 passed by the Lahore High Court in Writ Petition No.933 of 1997.
2. Brief facts are that the petitioner alongwith other applied for the post of Court Clerk created by the Town Committee, Pir Mahal, District Toba Tek Singh. One Arbaz Ali was appointed against the said post, which was challenged in the High Court through a writ petition. The High Court, after holding the appointment of Arbaz Ali as without lawful authority, left the matter to be dealt with in accordance with law. Thereafter, the petitioner approached the High Court through another writ petition seeking a mandamus for his appointment as Court Clerk in the above Town Committee. However, the Writ Petition was dismissed pursuant to the report called for from the Department, wherein it was stated that the Town Committee, Pir Mahal had abolished the post of Court Clerk and some other posts vide Resolution No. 144 dated 15-5-1996. The plea of the petitioner that the abolition of the post was mala fide, was repelled by the High Court.
3. Ch. Ali Muhammad, learned counsel for the petitioner, besides reiterating the submissions earlier made before the High Court, argued that the respondent Town Committee had recruited many other persons after the dismissal of the writ petition by the High Court. In consequence, report was called for from the Administrator, Town Committee, Pir Mahal. The report has since been filed wherein it has been stated that the posts of Octroi Inspector, Court Clerk and Naib Qasid Chungi were abolished in the public interest vide Resolution No. 144, dated 15-5-1996. It is further stated that after 15-10-1995 no new post has been created nor any recruitment has been made in regard thereto. When faced with this, learned counsel for the petitioner states that the above report is not correct, inasmuch as, two persons, namely., Faqir Abbas as Baildar and Adnan Mehboob as Naib Qasid were appointed on 15-12-1998. On Court's query, the Administrator stated that' the above persons were recruited against vacancies occurring on account of death of the incumbent therein. 4: Be that as it may, after hearing the learned counsel for the petitioner and perusing the report, we are not inclined to interfere with the impugned order, in that, the post of Court Clerk has been abolished.
5. Resultantly, the petition is dismissed and leave to appeal is declined. Q. M. H. /M. A. K./A-12/S Petition dismissed.