2018 PLP (C (PLC(CS)N)
GUL AFSHAN Versus GOVERNMENT OF THE PUNJAB and 2 others
| Citation | 2018 PLP (C (PLC(CS)N) |
| Forum / Court | Lahore High Court |
| Bench Members | Ayesha A. Malik and Jawad Hassan, JJ |
| Parties | GUL AFSHAN Versus GOVERNMENT OF THE PUNJAB and 2 others |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 2018 PLP (C (PLC(CS)N)?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP (C (PLC(CS)N)?
The case was heard and decided by the Lahore High Court bench comprising: Ayesha A. Malik and Jawad Hassan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP (C (PLC(CS)N) (GUL AFSHAN Versus GOVERNMENT OF THE PUNJAB and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Scope
Employee filed constitutional petition wherein she sought direction for her posting near her residence which was dismissed
Employee had herself selected the school where she was posted
Employee at such belated stage could not be allowed to re-choice the posting of her choice
No illegality or perversity had been pointed out in the impugned order passed by Single Judge
Intra-Court appeal was dismissed in limine. [paras. 4 & 5 of the judgment]
Judgment & Decree
Through the instant Appeal, filed under Section 3 of the Law Reforms Ordinance, 1972, the Appellant has challenged the validity of order dated 27.11.2017 passed by the learned Single Judge in W.P. No.111531/2017 who dismissed the petition filed by the Appellant.
2. Learned counsel for the Appellant inter alia submitted that the impugned order is against the law and facts; that the learned Single Judge has failed to appreciate the actual facts of the case; that the Appellant has been technically knocked out by the learned Single Judge which is clear violation of Article 10-A of the Constitution of the Islamic Republic of Pakistan, 1973.
3. We have heard the arguments of the learned counsel for the Appellant and gone through the record.
4. The main grievance of the Appellant is that the Respondent No.1 may be directed to make the posting of the Appellant near to her residence. Allegedly, the Appellant contacted the Respondents for the said purpose time and against but her grievance could not be redressed. Ultimately, she filed writ petition before this Court in which a direction was issued to the Respondent No.1 to look into the matter whereupon the Respondent No.1 passed the order dated 20.10.2017. The bare reading of the said order reveals that the prescribed proforma, which was to be filled by the Appellant, clearly mentioned that the candidate must enter the serial number as per advertisement in a descending order. None else but the Appellant herself selected the station/school at serial number 2 as per advertisement which was Government Girls Primarily School Manak, Lahore and therefore, she was posted accordingly. Now at belated stage she cannot be allowed to re-choice the posting at her own whims and wishes. As such, the learned Single Judge has rightly observed that not only that an opportunity was afforded to the Appellant to appear in person and was heard in respect of her case but also that the entire record was seen by the Respondent No.1. According to the conclusion drawn by the said Respondent, the allocation of the school to the Appellant is entirely on the basis of her merit and the serial number as per the advertisement which was entered by the Appellant herself in a descending order.
5. In view of above, we see no illegality or perversity in the impugned order which has been passed by the learned Single Judge in consonance with the spirit of law, as such does not warrant any interference by us. Consequently, the instant Appeal is devoid of any merit and is accordingly dismissed in limine. ZC/G-1/L Appeal dismissed.