1989 PLP (C (PLC(CS))
IQBAL AHSAN BAIG Versus SECRETARY EDUCATION
| Citation | 1989 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Irsalid Hasan Khan, J |
| Parties | IQBAL AHSAN BAIG Versus SECRETARY EDUCATION |
Q1: What are the key laws and sections cited in 1989 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Irsalid Hasan Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP (C (PLC(CS)) (IQBAL AHSAN BAIG Versus SECRETARY EDUCATION). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sheikh Abdul Qayyum for Petitioner.
- 3. Mr. Maqbool Elahi Malik, the learned Advocate‑General, has been sent for. He accepts notice on behalf of the respondents.
- 4. I have heard the learned counsel for the petitioner and the learned Advocate‑General on the stay matter. The impugned order is ex facie based on erroneous assumption of fact and is, therefore, without lawful authority. Its operation is suspended pending the final disposal of the main petition.
Headnotes / Summary
(a) Punjab Civil Servants Act (VIII of 1974)‑‑ ‑‑‑S. 8‑‑Punjab Service Tribunals Act (IX of 1974), S. 4‑‑Promotion‑‑Cancellation of order of‑‑Petitioner's order of promotion cancelled on ground that he had failed to join his place of posting within stipulated period permissible under Rules‑‑Order of cancellation prima facie was without lawful authority and ex facie based on erroneous assumption of fact‑‑Operation of impugned order suspended pending final disposal of main petition. (b) Punjab Service Tribunals Act (IX of 1974) ‑‑‑S. 4‑‑Constitution of Pakistan (1973) Art 199‑‑Constitutional petition‑ Grievance of petitioner relating to his terms and conditions of service which could be agitated before Service Tribunal‑‑Service Tribunal not functioning for lack of appointment of its Chairman‑‑Petitioner, therefore, having no remedy for the time being for redress of this grievance Constitutional petition was admitted for regular hearing.
Judgment & Decree
(b) Punjab Service Tribunals Act (IX of 1974) ‑‑‑S. 4‑‑Constitution of Pakistan (1973) Art 199‑‑Constitutional petition‑ Grievance of petitioner relating to his terms and conditions of service which could be agitated before Service Tribunal‑‑Service Tribunal not functioning for lack of appointment of its Chairman‑‑Petitioner, therefore, having no remedy for the time being for redress of this grievance Constitutional petition was admitted for regular hearing. Sheikh Abdul Qayyum for Petitioner. The petitioner was promoted as Professor and posted at Government College of Science, Faisalabad, vide Government Notification dated 28‑4‑1988, in BPS‑
19. He made a representation for his posting in the Government College, Lahore. His representation was turned down by the Education Department, Government of Punjab, on 4‑8‑1988. He was, however, directed to join his new assignment till 15‑8‑1988. In consequence, the petitioner took charge of his new assignment on 15‑8‑1988. Notwithstanding this, the Special Secretary Education, Government of Punjab, Lahore, arbitrarily cancelled the petitioner's order of promotion from Assistant Professor (BPS‑18) to the rank of Professor/Principal (BPS‑19) on the erroneous assumption that he failed to join his place of posting on his promotion within the stipulated period, permissible under the rules.
2. The grievance of the petitioner relates to his terms and conditions of service which could be agitated before the appropriate Service Tribunal. Be that as it may, since prima facie the impugned order is without lawful authority and these days no Service Tribunal is functioning for lack of appointment of its Chairman, the petitioner has no adequate remedy for the time being for the redress of his grievance. This petition is, therefore, admitted to regular hearing. Notice. Notice in the stay application.
3. Mr. Maqbool Elahi Malik, the learned Advocate‑General, has been sent for. He accepts notice on behalf of the respondents.
4. I have heard the learned counsel for the petitioner and the learned Advocate‑General on the stay matter. The impugned order is ex facie based on erroneous assumption of fact and is, therefore, without lawful authority. Its operation is suspended pending the final disposal of the main petition. M.Y.H./I‑105/L Petition admitted.