1997 PLP (C (PLC(CS))
ABDUL KHALIQ Versus SECRETARY, SENATE SECRETARIAT, ISLAMABAD
| Citation | 1997 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui and Sh. Riaz Ahmad, JJ |
| Parties | ABDUL KHALIQ Versus SECRETARY, SENATE SECRETARIAT, ISLAMABAD |
Q1: What are the key laws and sections cited in 1997 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and Sh. Riaz Ahmad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP (C (PLC(CS)) (ABDUL KHALIQ Versus SECRETARY, SENATE SECRETARIAT, ISLAMABAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nemo for Respondent.
- Date of hearing: 29th November, 1995.
Headnotes / Summary
(On appeal from the judgment dated 1‑1‑3‑1995 of Lahore High Court, Rawalpindi Bench at Rawalpindi, passed in W.P. No. 1228 of 1994). Civil Servant Act (LXXI of 1973)‑ ‑‑‑‑S. 12‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Petitioner working as Upper Division Clerk in Law and Justice Division claimed that he had been confirmed in Senate Secretariat under office order dated 26‑7‑1983 and that he had lien in his parent department against a permanent post‑‑‑Petitioner's grievance was that he had approached for being repatriated to his parent department (Senate) but his request was discriminatory in nature and based upon incorrect facts; and whether petitioner had been working for 6‑1/2 years against permanent post as Lower Division Clerk, therefore, in absence of order to the contrary he would be deemed to have been confirmed‑‑‑Question raised inter alia and interpretation of fundamental rules on point of lien required further consideration, necessitating leave to appeal. Petitioner in person.
Judgment & Decree
SH. RIAZ AHMAD, J.‑‑‑Petitioner Abdul Khaliq seeks leave to appeal against the judgment dated 14‑3‑1995 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby, a writ petition filed by him calling in question his reversion was dismissed in limine. The facts in brief giving rise to the institution of this petition are that the'‑petitioner is working as Upper Division Clerk in the Law and Justice Division, Islamabad, since 1st of October, 1994. Before joining the Law Division, the petitioner had served in the Senate Secretariat and Ministry of Interior. It is alleged that the petitioner was confirmed in the Senate Secretariat vide office order dated 26‑7‑1983. According to the petitioner, he I approached for being repatriated to his parent department but his request was ' turned down. It is submitted that the refusal is based upon incorrect data and facts and thus, the respondent erred in refusing for reverting the petitioner to his parent department. It is further contended that the petitioner had lien in his parent department against a permanent post and, therefore, refusal to repatriate him was discriminatory in nature and based upon incorrect facts. It is added by the petitioner that he had been working for 6‑1/2 years against a permanent' post as Lower Division Clerk and, therefore, in the absence of any order to the contrary, it will be deemed that he was confirmed. The question raised inter alia and the interpretation of fundamental rules on the point of lien require further consideration. Accordingly, we grant leave to appeal. A.A./A-1404/S Leave granted,