2007 PLP (C (PLC(CS))
ASIF ALI BUTT Versus PROVINCE OF PUNJAB and others
| Citation | 2007 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Falak Sher and Syed Jamshed Ali, JJ |
| Parties | ASIF ALI BUTT Versus PROVINCE OF PUNJAB and others |
| Primary Law | Punjab Civil Servants Act (VIII of 1974) |
Q1: What are the key laws and sections cited in 2007 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Civil Servants Act (VIII of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Falak Sher and Syed Jamshed Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP (C (PLC(CS)) (ASIF ALI BUTT Versus PROVINCE OF PUNJAB and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment passed by Punjab Service Tribunal, Lahore in Appeal No.46 of 2000, dated 1-1-2001).
Ss. 7, 8 & 9
Punjab Service Tribunals Act (IX of 1974), S.4
Pakistan Railways Police Act (VII of 1977), S.5
Constitution of Pakistan (1973), Art.2.12(3)
Suspension of lien
Restoration of original seniority
Petitioner working in Punjab Police, was transferred in Pakistan Railways Police in 1977 on his own request and written consent
Petitioner was promoted there as Senior Clerk in 1980 and was granted Selection grade (BS-9) in 1987
Lien of petitioner in Punjab Police was suspended in 1981
Petitioner on 21-9-1987, was reverted to Punjab Police as Junior Clerk on his own request and written consent and he was promoted as Senior Clerk on 26-4-1988 in Punjab Police
Representation of petitioner against suspension of his lien in Punjab Police and his prayer for restoration of his original seniority having been rejected and his appeal also having been dismissed by Service Tribunal, he had filed petition for leave to appeal before the Supreme Court against order of the Service Tribunal
Petitioner who initially was working in Punjab Police, was transferred to Railways Police on his own request and written consent, his confirmation in Pakistan Railways, would entail termination of his lien on the post previously held by him-Petitioner, otherwise had approached Departmental Authority with a representation against his suspension of lien after more than 10 years
No substantial question of law of public importance having been raised hi the petition, same was dismissed. Petitioner in person.
Judgment & Decree
SYED JAMSHED ALI, J.
The petitioner seeks leave to appeal against the order dated 1-1-2001 of the learned Punjab Service Tribunal whereby his appeal was dismissed. The brief facts of the case are noted hereunder.
2. The petitioner was working as Junior Clerk in the Pakistan Railways Police when the Pakistan Railways Police was under the Federal Government. The petitioner along with the other staff, working in the Railways Police Department was transferred to the Railways Police. Act, 1977, created a separate functional unit of Railways Police (sic). The petitioner was confirmed on 1-3-1977 in the Pakistan Railways Police, promoted as Senior Clerk in 1980 and granted selection grace (BS-9) in the year 1987. His lien in the Punjab Police was suspended by 1.-G.P. on 13-1-1981. On, 21-9-1987, the petitioner was reverted to Punjab Police as Junior Clerk on his request and with his written consent. He was promoted as Senior Clerk on 26-4-1988 in the Punjab Police. He filed a representation against suspension of his lien in the Punjab Police and prayed for restoration of his original seniority. His representation was rejected on 16-12-1999 and his appeal was dismissed by learned Punjab Service Tribunal.
3. The petitioner has appeared in person and has contended that his lien could not have been suspended even with his consent and, therefore, on transfer to the Punjab Police he was entitled to promotion as Senior Clerk on the date of promotion of his juniors i.e. respondents Nos.2 and 3.
4. The submissions have been considered. The petitioner was transferred to the Punjab Police on his own request and with his written consent, was confirmed in the Railways Police as Junior Clerk w.e.f. 1-3-1977. Confirmation in another post entails termination of lien on the post previously held. The Tribunal also took notice of the fact that the petitioner approached the departmental authority with a representation against suspension of lien after more than 10 years. No substantial question of law of public importance has been raised to warrant interference. Dismissed. H.B.T./A-196/SC Petition dismissed.