2011 PLP (C (PLC(CS))
Mst. FOUZIA BANO Versus SECRETARY, POPULATION WELFARE DEPARTMENT, LAHORE and 2 others
| Citation | 2011 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Ch. Muhammad Tariq, J |
| Parties | Mst. FOUZIA BANO Versus SECRETARY, POPULATION WELFARE DEPARTMENT, LAHORE and 2 others |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2011 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Ch. Muhammad Tariq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP (C (PLC(CS)) (Mst. FOUZIA BANO Versus SECRETARY, POPULATION WELFARE DEPARTMENT, LAHORE and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Tanveer Ahmad Awan for Petitioner.
- Rana Shamshad Khan, Asstt. A.-G. Punjab, Muhammad Imran, A. D. P.W.D., Punjab and Habib-ur-Rehman, TPWO, P.W.D. for Respondents.
- 2. Learned Assistant Advocate-General, Punjab has opposed this writ petition but when confronted with the position, learned Assistant Advocate-General, Punjab instructed by the representatives of the department has confirmed both the facts that (1) the lady who was appointed as Theatre Technician has resigned and at present the post is vacant and that (2) the petitioner stands at number one in the waiting list.
Headnotes / Summary
Art. 199
Constitutional petition
Petitioner who submitted an application for the post of Theatre Technician, was duly interviewed and her name was recorded at the top of waiting list of recruitment of Theatre Technician
Authorities however appointed another lady as Theatre Technician, but said other lady resigned from her post
Petitioner in the light of notification dated 14-3-2009, which had provided that in case a person joined the job and left the same within the period of 190 days, then the appointing authority could offer the job to the next person in the merit list, was entitled to be appointed as Theatre Technician who was in the waiting list
Authorities were directed to appoint the petitioner on the post of Theatre Technician.
Judgment & Decree
CH. MUHAMMAD TARIQ, J.
Learned counsel for the petitioner inter alia contends that the petitioner submitted an application for the post of Theatre Technician. The petitioner was duly interviewed and her name was recorded at the top of waiting list of recruitment of Theatre Technician but respondents appointed another lady as Theatre Technician the lady who was appointed has resigned from her post hence the petitioner in the light of notification dated 14-3-2009 issued by the Secretary Regulations, SGAD is entitled to be appointed as Theatre Technician because the petitioner was placed at number one of the waiting list.
2. Learned Assistant Advocate-General, Punjab has opposed this writ petition but when confronted with the position, learned Assistant Advocate-General, Punjab instructed by the representatives of the department has confirmed both the facts that (1) the lady who was appointed as Theatre Technician has resigned and at present the post is vacant and that (2) the petitioner stands at number one in the waiting list.
3. Relevant portion of Notification dated 14-3-2009 is reproduced as under:
"No.DS(O&M)5-3/2004/Contract (NIF) in continuation of Contract Appointment Policy Circular Letter No.DS(O&M)5-3/ 2004/Contract(MF), dated 29-12-2004, issued by the Services and General Administration Department (O&M) Wing, Government of the Punjab (hereinafter called the said Policy) the following further amendments are hereby made:
AMENDMENTS In the said Policy, in para 3 in sub-para (VIII), after clause (vii), the following new clauses shall be inserted: (viii) The relevant Selection Committee shall prepare a merit list and shall provide it to the appointing authority along with its recommendations. (ix) The merit list shall remain valid for a period of 190 days from the date of recommendations of the relevant Selection Committees and the appointing authority shall complete the process of appointment within the said period. (x) No request for extension in the joining time as specified in the offer of appointment shall be entertained. (xi) If a person to whom offer of appointment has been issued, fails to join the post within the period specified in the said offer or appointment or where a written refusal is received from a selectee his/her selection shall stand cancelled and next person on the merit list may be offered the job. (xii) In case a person joins the job and leaves the same within the period of 190 days, then the appointing authority may offer the job to the next person or the merit list." By order of the Governor of the Punjab Muhammad Ilyas Secretary Regulations, S&GAD Dated Lahore the 14th March, 2009.
4. In the light of facts hereinabove mentioned and Notification dated 14-3-2009, the petitioner is entitled to be appointed as Theatre Technician. Resultantly, this writ petition is allowed and the respondents are directed to appoint the petitioner on the post of Theatre Technician. Disposed of. H.B.T./F-47/L Petition accepted.