1992 PLP (C (PLC(CS))
MUHAMMAD ASLAM Versus GOVERNMENT OF THE PUNJAB and another
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Irshad Hasan Khan, J |
| Parties | MUHAMMAD ASLAM Versus GOVERNMENT OF THE PUNJAB and another |
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 Hasan 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 ASLAM Versus GOVERNMENT OF THE PUNJAB and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Iqbal for Petitioner.
- Maqbool Elahi Malik, A: G. Punjab for Respondents.
Judgment & Decree
S. 22
Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.23
Relaxation of rules and regulations
Chief Minister could not relax all rules and regulations through an omnibus order to enable a' Minister to make recruitments. Muhammad Iqbal Khokhar v: Government of the Punjab PLD 1991 SC 35 and Ikram Bus Service v. Board of Revenue PLD 1963 SC 564 rel. (c) Constitution of Pakistan (1973)
Art. 4
Protection of law and to be treated in accordance with law
To enjoy protection of law and to be treated in accordance with law is inalienable right of every citizen of Pakistan
Obedience to Constitution and law is inviolable obligation of every citizen and of every other person for the time being within Pakistan
Petitioner having applied for specific post it was incumbent upon competent Authority to have disposed of his application alongwith other applications for the relevant post, justly, fairly and in accordance with law
Failure to do so had not only rendered grave miscarriage of justice to petitioner, but also violated his Constitutional right. (d) Constitution of Pakistan (1973)
Art.199
Appointments by Minister in relaxation of Rules
Challenge to-- Non-impleading of necessary parties
Effect
Petitioner having failed to implead persons who were appointed by Minister on recommendations of Members of Assembly, their appointments could not be successfully challenged in Constitutional petition in their absence. (e) Constitution of Pakistan (1973)
Arts. 4 & 199
Petitioner having applied for specific post, his application was not considered for having not been recommended by a Member of Assembly
Petitioner had a vested right to demand for disposal of his application by competent Authority in accordance with law
Application already made by petitioner for specific post would be deemed to be pending to be disposed of afresh on merits in accordance with law against any existing future vacancy alongwith other applications. Muhammad Iqbal for Petitioner. Maqbool Elahi Malik, A: G. Punjab for Respondents. Date of hearing: 12th April, 1992.