1992 PLP (C (PLC(CS))
MUHAMMAD IQBAL Versus COMMISSIONER OF THE PUNJAB EMPLOYEES' SOCIAL SECURITY
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Irshad Hassan Khan, J |
| Parties | MUHAMMAD IQBAL Versus COMMISSIONER OF THE PUNJAB EMPLOYEES' SOCIAL SECURITY |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Irshad Hassan Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (MUHAMMAD IQBAL Versus COMMISSIONER OF THE PUNJAB EMPLOYEES' SOCIAL SECURITY). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Najamul Hassan for Petitioner.
- Zafar Iqbal for Respondents Nos. 1, 4 and 5.
- Irfan Qadir, Addl. A: G. (Punjab) for Respondents Nos. 2 and 3.
- Dr. Khalid Ranjha for Respondents Nos. 6 and 7.
Judgment & Decree
S. 8-A
Provision of S.8-A, Punjab Civil Servants Act, 1974, which empowers competent Authority to grant out of turn promotion to a civil servant, was not in force when petitioner was promoted, said provision was thus not applicable to the case
Nothing was also available on record to show that conditions laid down in S.8-A of the Act VIII of 1974 or principles enshrined therein weighed with respondent Authority while promoting petitioner to post in question. Amanat Ali v. Syed Panah Ali Shah PLD 1973 Lah. 332 ref. (c) Punjab Employees' Social Security Institution (Service) Regulations, 1973
Appendix "A"
Petitioner lacked qualifications for upgraded post
Mere upgradation of post did not confer any right on petitioner to claim grade of upgraded post merely because prior to upgradation he was holding post in question. Dr. Muhammad Sarfraz Khan Rana v. Government of the Punjab PLD 1990 Lah. 88 ref. (d) Punjab Employees' Social Security Institution (Service) Regulations, 1973
Regln. 5
Petitioner's out of turn promotion was withdrawn subsequently, for he lacked qualifications for the post in question
Order of withdrawal of petitioner's promotion, did not suffer from any illegality, as the order of promotion was wholly illegal
Institution, however, would not be entitled to recover from petitioner emoluments already received by him for upgraded post which he was holding prior to his reversion to his original post and to that extent principle of locus poenitentiae would not apply. Dr. Aman-ul-Haq v. Punjab Public Service Commission PLD 1989 Lah. 196 and Engineer-in-Chief v. Jalaluddin PLD 1992 SC 207 ref. Syed Najamul Hassan for Petitioner. Zafar Iqbal for Respondents Nos. 1, 4 and
5. Irfan Qadir, Addl. A: G. (Punjab) for Respondents Nos. 2 and
3. Dr. Khalid Ranjha for Respondents Nos. 6 and