Distinction elaborated
Distinction elaborated legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Regularization of ad hoc appointment of the petitioner against the post of Senior Registrar (Surgery) (BS-18) on the basis of length of service
Scope
"Ad hoc appointment" and "appointment by promotion"
Distinction elaborated
Petitioner was aggrieved of his termination and promotion of respondent as Senior Registrar Surgery (BS-18) on acting charge basis by respondent's adjustment against the post vacated by termination of ad hoc appointment of petitioner
Validity
Respondent's promotion on the recommendation of Departmental Promotion Committee created a vested right in his favour and such incumbent could be promoted to the higher scale on availability of a vacant post, which was admittedly occupied by the petitioner as a stop-gap arrangement
Respondent after having been promoted was adjusted against the said post, which had not infringed any of the Fundamental Rights of the petitioner
Promotion of respondent against the post of Senior Registrar Surgery (BS-18) was to be considered as a regular appointment and petitioner could not claim continuation of his ad hoc appointment against the post in presence of promotion of respondent on the recommendations of a duly constituted departmental promotion committee as approved by the competent authority
Constitutional petition was declined in circumstances.
"Distinction elaborated", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124953671
Precedents & Case Laws citing "Distinction elaborated"
2000 C L C 1611
Messrs JAVED & CO. ‑‑‑Petitioner Versus Messrs DAEWOO PAKISTAN MOTORWAY SERVICES LTD.
Court: Lahore2015 P L C (C
Dr. RAB NAWAZ MALIK Versus PROVINCE OF PUNJAB and others
Court: Lahore High Court1989A214
Present: Raja Muhammad Khurshid Khan, CJ. And Sardar Said Muhammad Khan, J Versus AZAD JAMMU & KASHMIR MINERAL AND INDUSTRIAL
Court: ‑‑‑Ss.33 & 2(c)‑‑"Court"‑‑Meaning‑‑Word "Court" appearing in S.33 read with S.2(c) would mean a Civil Court having jurisdiction to decide question forming the subject‑matter of the reference if the same had been made the subject‑matter of the suit‑‑Only such Court would have jurisdiction to resolve the controversy between the parties in which an award had been filed or may be filed and no other Court‑‑Court which would have jurisdiction to try a civil suit would have jurisdiction in respect of the question forming the subject‑matter of a. reference.‑ Words and phrases.P L D 1994 Supreme Court 539
MUHAMMAD ANIS and others‑‑‑Appellants Versus ABDUL HASEEB and others‑‑‑Respondents
Court: ‑‑‑‑S. 4(d)‑‑‑Civil Servants Act (LXXI of 1973), S. 9‑‑‑Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Rr.8 & 8‑A‑‑ Promotion ‑‑‑Eligibility and fitness of civil servant‑‑‑Term "eligibility" and "fitness"‑‑‑Connotation‑‑‑Question of eligibility is different than question of fitness for promotion‑‑‑Question of eligibility relates primarily to the terms and conditions of the service and their applicability to the civil servant concerned and, therefore, Service Tribunal has jurisdiction in the matter‑‑‑Question of fitness is a subjective evaluation on the basis of objective criteria when substitution for an opinion of the competent authority is not possible by that of Service Tribunal or of a Court, and therefore, Service Tribunal has no jurisdiction on the question of fitness.‑‑Words and phrases.1994 P L C (C
MUHAMMAD ANIS and others Versus ABDUL HASEEB and others
Court: Supreme Court of Pakistan2018 M L D 802
H. NIZAM DIN AND SONS (PVT.) LTD. through Authorized representative — Plaintiff Versus PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY through Secretary and 2 others — Defendants
Court: SindhP L D 1961 W
COMPANY GROUP 'B', LYALLPUR‑Appellant Versus REGIONAL TRANSPORT AUTHORITY, LAHORE.
Court:P L D 1961 W P (Rev
BARKAT ALI‑Petitioner Versus GHAFFAR AHMAD‑Respondent
Court:1993 S C M R 1697
(LAW AND JUSTICE) DIVISION‑‑Petitioner Versus QAZALBASH WAQF, LAHORE and 26 others‑‑‑Respondents
Court: Supreme Court of Pakistan2012 P Cr
MUHAMMAD KHALID — Petitioner Versus STATION HOUSE OFFICER and others — Respondents
Court: Lahore