1990 PLP 933 (SCMR)
Hakim Syed AHMAD HUSSAIN‑‑‑Petitioner Versus PROVINCE OF PUNJAB‑‑‑Respondent
| Citation | 1990 PLP 933 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and Rustam S. Sidhwa, JJ |
| Parties | Hakim Syed AHMAD HUSSAIN‑‑‑Petitioner Versus PROVINCE OF PUNJAB‑‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 933 (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 933 (SCMR)?
The case was heard and decided by the High Court bench comprising: Saad Saood Jan and Rustam S. Sidhwa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 933 (SCMR) (Hakim Syed AHMAD HUSSAIN‑‑‑Petitioner Versus PROVINCE OF PUNJAB‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondent.
- Date of hearing: 22nd January, 1990.
- Syed Muhammad Naqi, Advocate Supreme Court instructed by S. Abid Nawaz, Advocate‑on‑Record for the Petitioner.
Headnotes / Summary
(On appeal from the judgment and order dated 18‑10‑1987 of the Punjab Service Tribunal, Lahore in Appeal No. 1001 of 1986). ‑‑‑‑Art. 212(3)‑‑‑Seniority, claim of‑‑‑Petitioner's claim was that since he was the senior most incumbent holding the officiating post, he should have been promoted to that post with retrospective effect‑‑‑Petitioner's plea was rejected by Departmental Authority as also by the Service Tribunal‑‑‑Leave to appeal‑‑ Government had the right to promote a civil servant at the proper time and since the Service Rules covering the posts of Hakims, Lecturers and Principals of Tibbia Colleges to which category petitioner belonged were not promulgated till 23‑9‑1984, petitioner could not be promoted to the post claimed earlier than that date‑‑‑Representation of petitioner was taken up in 1986 by the Government and he was promoted‑‑‑Petitioner could not object to the action of Government in not promoting him earlier, in the absence of any allegation of malice, which had not been levelled‑‑‑‑Petition being devoid of merit, was dismissed. Syed Muhammad Naqi, Advocate Supreme Court instructed by S. Abid Nawaz, Advocate‑on‑Record for the Petitioner.
Judgment & Decree
Syed Muhammad Naqi, Advocate Supreme Court instructed by S. Abid Nawaz, Advocate‑on‑Record for the Petitioner. Nemo for Respondent. Date of hearing: 22nd January, 1990. RUSTAM S. SIDHWA, J.‑‑‑This is a petition filed by Hakim Syed Ahmad Hussain petitioner, seeking leave to appeal against the judgment of the Punjab Service Tribunal Lahore, dated 18‑10‑1987 dismissing his appeal.
2. The brief facts of the case are that on 10‑7‑1980, the petitioner was officiating as Principal of Government Tibbia College, Bahawalpur. On 17‑7‑1986 the petitioner was promoted as Principal. Thereafter the petitioner submitted a representation to the Health Secretary, Government of Punjab, respondent No. 1, claiming that he was entitled to promotion to the post of Principal with effect from 10‑7‑1980 and was entitled to salary and other benefits of the said post with effect from that date. The said representation was rejected by the respondent on 24‑11‑1986. Being aggrieved by the said order, the petitioner preferred an appeal before the Punjab Service Tribunal, Lahore, which was rejected on 18‑10‑1987. The petitioner now seeks leave to appeal against the said judgment.
3. On behalf of the petitioner it is submitted that since he was the senior most incumbent holding the post of Acting Principal of Government, Tibbia College, Bahawalpur, he should have been promoted to that post on 10‑7‑1980, instead of 17‑7‑1986 and he was, therefore, entitled to be treated as having been '' promoted on 10‑7‑1980 and to be entitled to the benefits of the said post with effect from that date.
4. Government has the right to promote a civil servant at the proper time and since the Service Rules covering the posts of Hakims, Lecturers and Principals of Tibbia Colleges, were not promulgated by the Government of the Punjab till 23‑9‑1984, the petitioner could not be promoted to the post of Principal earlier than that date. It was not until 1986 that the representation of the petitioner for promotion was taken up by the Government and the petitioner cannot object to the action of Government in not promoting him earlier, in the absence of any allegation of malice, which has not been levelled in the instant case. There being no merit in this petition. the same is dismissed in limine. A.A./A‑693/S , Petition dismissed.