1990 PLP (C (PLC(CS))

‑‑‑S.8‑‑-Constitution of Pakistan (1973), Art. 199‑-‑Promotion‑‑‑Petitioner civil servant was promoted but order of her promotion was cancelled on ground that she failed to join new place of posting‑‑‑Operation of order by virtue of which promotion of petitioner was cancelled was suspended by High Court in another writ petition and said interim order had already been confirmed after hearing parties‑‑‑Effect of suspension of order of cancellation of promotion of petitioner was that earlier notification promoting petitioner stood revived‑‑‑Government functionary in refusing to give effect to order of promotion, held, clearly acted without lawful authority‑‑‑Such functionary was directed to give effect to order of promotion. Ch. Muhammad Sadiq and Mian Muzaffar Ahmad for Petitioner. Maqbool Ellahi Malik, A.‑G. for respondent. Date of hearing: 21st January, 1990. The petitioner was working as an Assistant Professor in Lahore College for Women, Lahore when on 31‑8‑1989 she alonwith 61 others was ordered by the Governor of Punjab to be promoted as Professor in Basic Pay Scale

19. According to her on account of misdescription of her particulars, the notification could not be acted upon. Another notification was issued on 15th March, 1989 by the Governor whereby the petitioner was posted as a Professor in the Government College for Women, Samanabad Lahore. It appears that on 2‑4‑1988 these orders of promotion of the petitioner were cancelled on the ground that she had failed to join the place of her posting. This cancellation of the promotion was challenged by the petitioner by filing Constitutional Petition No. 2366 of 1989 which was admitted to regular hearing on 28‑6‑1989 and the operation of the order impugned in that petition was suspended subject to notice. Subsequently this interim order was confirmed on 12‑9‑1989. This petition is still pending in this Court.

2. The grievance in the present petition is that though the operation of order of the cancellation of promotion had been suspended by this Court the promotion of the petitioner was not being given effect to and she is not being allowed to join or work as Professor in terms of notification, dated 15th March, 1989. The learned Advocate‑General submits that since the order of promotion was withdrawn and the matter is sub judice before this Court, the petitioner cannot work as a Professor. There is however, no merit in this contention. The order by virtue of which the promotion of the petitioner was cancelled stands suspended by this Court in W.P. No. 2366 of 1989. This interim B order has already been confirmed after hearing the parties. The effect of the suspension of the order of cancellation of the promotion of the petitioner is that the earlier notification promoting her stood revived. In these circumstances there appears to be no reason whatsoever as to why the orders of promotion of the petitioner have not been given effect to and in refusing to do so, the respondent has acted clearly without any lawful authority. In view of what has been stated above this petition is accepted and the respondent is directed to give effect to the order of promotion of the petitioner. There shall be no order as to costs. M.Y.H./K‑256/L???????????????????????????????????????????????????????????????????????????????? Petition accepted