1990 PLP 939 (SCMR)
M. NOOR MUHAMMAD ‑‑‑Petitioner Versus DIRECTOR OF EDUCATION (SCHOOLS) and others‑‑‑Respondents
| Citation | 1990 PLP 939 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman and Saad Saood Jan, JJ |
| Parties | M. NOOR MUHAMMAD ‑‑‑Petitioner Versus DIRECTOR OF EDUCATION (SCHOOLS) and others‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 939 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 939 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 939 (SCMR) (M. NOOR MUHAMMAD ‑‑‑Petitioner Versus DIRECTOR OF EDUCATION (SCHOOLS) and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- C.M. Latif Rawn, Advocate Supreme Court and M. Aslam Chaudhry, Advocate‑on‑Record for Petitioner.
- Date of hearing: 24th July, 1989.
Headnotes / Summary
(From the judgment dated 7‑1‑1986 of the Punjab Service Tribunal in Case No. 237/184 of 1985). ‑‑‑‑Art. 212(3)‑‑‑Seniority‑‑‑Civil servant having been appointed as officiating/temporary Senior English Teacher was posted at a specified place but was not allowed to join duty on the ground that no post against which he was appointed was available in the institution‑‑‑Civil servant was then posted to another place where he took charge on 27‑11‑1971‑‑‑Contention was raised that the date of joining service should be 23‑11‑1971 when he first reported for duty and not 27‑11‑1971 when he actually joined in another institution‑‑‑No post being available at the first place of civil servant's appointment, he could not be treated to have joined the service on 23‑11‑1971 when he reported there for duty‑‑‑Civil servant having actually taken over charge on his second place of posting on 27‑11‑1971, where the vacancy was available, he could be taken to have joined service on that date‑‑‑Service Tribunal was, thus, right. in rejecting civil servant's claim with regard to the date of his joining service‑‑‑Leave to appeal was refused.
Judgment & Decree
C.M. Latif Rawn, Advocate Supreme Court and M. Aslam Chaudhry, Advocate‑on‑Record for Petitioner. Date of hearing: 24th July, 1989. SAND SNOOD JAN, J.‑‑‑By a notification issued on 15‑11‑1971 by the Director of Education, Rawalpindi Region, the petitioner alongwith 46 other persons was appointed as officiating/temporary Senior English Teacher and was posted in the Government High School at Chak 26/MB, Sargodha. He reported to the Head Master of the School on 23‑11‑1971. He was not permitted to assume charge on the ground that no post against which he could be appointed was available in the School. When this position was brought to the notice of the Directorate he was posted in the Government Technical High School at Jauharabad where he took over charge on 27‑11‑1971. In his service book and personal file the date of his joining Government service was entered a$ 27‑11‑1971. He made a representation that this date should be corrected as 23‑11‑1971 when he reported for duties at the School in Chak 26/MB. His representation was rejected whereupon he preferred an appeal before the Service Tribunal. The learned Tribunal dismissed his appeal. He now seeks leave to appeal from this Court.,
2. In the notification of 15‑I1‑1971 the places of posting of the appointees were also mentioned. Apparently, the postings were made without first inquiring whether any vacancies were available in the schools where the appointees were being sent. It was for this reason that the notification contained an endorsement to the Head Masters concerned to the following effect:‑‑ "The appointment if made over and above the sanctioned strength should immediately be brought in the notice of this directorate and the candidate so appointed should be directed to report to this office for further action:" It was in pursuance of this endorsement that the petitioner was not allowed to join the staff of the school at Chak 26/MB and referred back to the Directorate of Education.‑' Since no post was available in this school, he could not be treated to have joined the Government service ‑on 23‑11‑1981 when he reported there for duty. It was only on 27‑11‑1971 when he joined .the Government Technical High School at Jauharabad where a vacancy was available that he could be taken to have joined service. The learned Tribunal was therefore, right in rejecting his claim with regard to the date of his joining Government service. This petition is without any merit and is hereby dismissed. A.A./M‑1142/S Petition dismissed.