1976 PLP [C (PLC(CS))
DR. MUHAMMAD AHSAN AKHTAR Versus SECRETARY TO GOVERNMENT, PUNJAB EDUCATION
| Citation | 1976 PLP [C (PLC(CS)) |
| Forum / Court | 1976 P L C C. S. T. 5 (2) |
| Bench Members | Saad Saood Jan, Chairman, Ashfaq Ali Khan and Khalid Farooq Akbar, Members |
| Parties | DR. MUHAMMAD AHSAN AKHTAR Versus SECRETARY TO GOVERNMENT, PUNJAB EDUCATION |
| Primary Law | Civil services‑ |
Q1: What are the key laws and sections cited in 1976 PLP [C (PLC(CS))?
This judgment primarily cites: Civil services‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1976 PLP [C (PLC(CS))?
The case was heard and decided by the 1976 P L C C. S. T. 5 (2) bench comprising: Saad Saood Jan, Chairman, Ashfaq Ali Khan and Khalid Farooq Akbar, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1976 PLP [C (PLC(CS)) (DR. MUHAMMAD AHSAN AKHTAR Versus SECRETARY TO GOVERNMENT, PUNJAB EDUCATION). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Rashid Malik for Appellant.
Headnotes / Summary
‑‑ Promotion ‑ Appointment to higher post in acting capacity in own pay scale‑Cannot form a basis of claim to promotion.
Judgment & Decree
SAAD SAOOD JAN (CHAIRMAN).‑By an order dated 6‑7‑1970 the Director of Education posted the appellant as Senior Professor of Chemistry in the Government College, Lahore on his own pay and scale. By another order dated 24‑11‑74 the Secretary to the Government of the Punjab of the Education Department posted Professor Masud Hasan Khan as Senior Professor of Chemistry in the Government College, Lahore. It should be noticed that there was only one post of Senior Professor of Chemistry in the said institution.
2. In this appeal the appellant claims two reliefs : (1) The order dated 24‑11‑71 by which Professor Masud Hassan Khan was posted as Senior Professor be set aside ; and (2) the respondent be directed to notify the appellant as holding a substantive appointment in the senior Class‑I with effect from 18‑7‑1970 when he actually took over the charge of senior Professor in pursuance of the order dated 6‑7‑1970.
3. In support of (1) above the appellant claims that there was only one post of Senior Professor in the Government College, Lahore and since he was holding the same, Professor Masud‑ul‑Hussan Khan could not be posted against the same. We do not find any force in this contention whatsoever. It is to be noticed that post of Senior Professor is senior Class I grade whereas the post of Professor is a Junior Class I Grade. The competent authority to promote officers from Junior Class I grade is to Senior Class I grade is the Secretary to the Government in the Education Department. The order dated 6‑7‑1970 was made by the Director of Education who was not competent to promote the appellant from the rank of Professor to the rank of Senior Professor. In fact the Director of Education while appointing the appellant as Senior Professor did not intend this to be regarded as a promotion for he hedged m the order appointing the appellant as Senior Professor with a number of qualifications. Thus the appellant's appointment order states that, he was being given the appointment of Senior Professor in an acting capacity and that too on his own pay and scale. This being so we are unable to regard the order of the Director as one of promotion of the appellant.
4. Since the appellant is unable to prove that he has been promoted to the rank of Senior Professor by any competent authority the question of granting him second relief does not arise.
5. For the reasons stated above we do not find any force in this appeal which is hereby dismissed in limine.