1972 PLP 204 (SCMR)
OFFICER, BAHAWALPUR Petitioner Versus THE PROVINCE OF PUNJAB THRQLIGH THE COLLECTOR,
| Citation | 1972 PLP 204 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | OFFICER, BAHAWALPUR Petitioner Versus THE PROVINCE OF PUNJAB THRQLIGH THE COLLECTOR, |
Q1: What are the key laws and sections cited in 1972 PLP 204 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1972 PLP 204 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1972 PLP 204 (SCMR) (OFFICER, BAHAWALPUR Petitioner Versus THE PROVINCE OF PUNJAB THRQLIGH THE COLLECTOR,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Abdul Haque, Senior Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing : 4th May 1972.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Bahawalpur Circuit, dated the 27th March 1972, in Civil Revision No. 17 of 1972 (BWP)). Civil services‑Reversion‑Injunction‑Suit for declaration and injunction that reversion of plaintiff from permanent post of Sub -Divisional Officer to post of overseer without show‑cause notice was illegal‑Assertion of plaintiff that he was a permanent Sub‑ Divisional Officer disputed by Department‑Petitioner, held, could be monetarily compensated in event of success and therefore temporary injunction rightly refused by Court.
Judgment & Decree
WAHEEDUDDIN AHMAD, J.‑The petitioner was appointed Overseer with effect from 10th October 1959, by the Superintending Engineer, Quetta Provincial B & R, Quetta. On the 1st July 1963, he was confirmed in that position. On the 24th November 1966, he was promoted as officiating Sub‑Divisional Officer by the Chief Engineer, Quetta. On the dissolution of the Province of West Pakistan, the petitioner was transferred from the. Quetta Region and posted as Sub‑Divisional Officer, Bahawalpur, Eastern Region. On the 1st June 1971, he was reverted to the post of Overseer. The petitioner filed a civil suit for declaration and injunction and all the Courts below have refused to grant him temporary injunction. The petitioner seeks permission to file act appeal against the order of the High Court in Civil Revision No. 17 of 1972. Sh. Abdul Haque, learned counsel for the petition, leas contended that the petitioner has a prima facie, case arid the balance of convenience is also in his, favour. According to the learned counsel, the petitioner was a permanent Sub‑Divisional Officer and he could not be reverted without show‑cause notice. The question whether the petitioner was a permanent Sub‑Divisional Officer is disputed by the Department. It is yet to be seen whether he is a pecM4ent Sub‑Divisional Officer. In our opinion, the Court was perfectly justified in holding that the petitioner will not suffer irreparable loss and injury as he can be monetarily compensated. At this stage, we are not inclined to interfere with this matter. The petition is dismissed. Leave refused.