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Petitioner: MUHAMMAD IQBAL VS Respondent: COMMISSIONER OF THE PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION, LAHORE
1992 P L C (C
1992 P L C (C.S.) 1146
[Lahore High Court]
Before Irshad Hassan Khan, J
MUHAMMAD IQBAL
versus
COMMISSIONER OF THE PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION, LAHORE and 6 others
Writ Petition No. 1909 of 1991, heard on 27th May, 1992.
(a) Punjab Employees' Social Security Institution (Service) Regulations, 1973---
----Regln. 5---Promotion---Validity---Petitioner was not promoted on recommendation of concerned Selection Board on seniority-cum-fitness basis and his selection was neither made on merits nor in accordance with any objective standard laid down by Institution. for determining relevant merit of petitioner qua other eligible candidates---Eligible candidates, in fact, were completely ignored and their seniority and fitness was not taken into consideration at all, by respondent Authority while passing order for promotion of petitioner---Petitioner lacked qualifications which were essential for the post in question---Petitioner's promotion being in violation of Regln. 5, Punjab Employees' Social Security Institution (Service) Regulations, 1973, suffered from legal infirmity.
Pakistan, through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407; Punjab Employees' Social Security Institution, Lahore and others v. Manzoor Hussain Khan and others 1992 SCMR 441; Messrs Farooq Waste Co v. WAPDA and others 1991 CLC 1525 and Raja Muhammad Nawaz v. government of the Punjab 1981 SCMR 523 ref.
(b) Punjab Civil Servants Act (VIII of 1974)---
---S. 8-A---Out of turn promotion---Validity---Provision of S.8-A, Punjab Civil Servants Act, 1974, which empowers competent Authority to grant out of turn promotion to a civil servant, was not in force when petitioner was promoted, said provision was thus not applicable to the case---Nothing was also available on record to show that conditions laid down in S.8-A of the Act VIII of 1974 or principles enshrined therein weighed with respondent Authority while promoting petitioner to post in question.
Amanat Ali v. Syed Panah Ali Shah PLD 1973 Lah. 332 ref.
(c) Punjab Employees' Social Security Institution (Service) Regulations, 1973---
----Appendix "A"---Promotion---Petitioner lacked qualifications for upgraded post---Mere upgradation of post did not confer any right on petitioner to claim grade of upgraded post merely because prior to upgradation he was holding post in question.
Dr. Muhammad Sarfraz Khan Rana v. Government of the Punjab PLD 1990 Lah. 88 ref.
(d) Punjab Employees' Social Security Institution (Service) Regulations, 1973---
----Regln. 5---Petitioner's out of turn promotion was withdrawn subsequently, for he lacked qualifications for the post in question---Order of withdrawal of petitioner's promotion, did not suffer from any illegality, as the order of promotion was wholly illegal---Institution, however, would not be entitled to recover from petitioner emoluments already received by him for upgraded post which he was holding prior to his reversion to his original post and to that extent principle of locus poenitentiae would not apply.
Dr. Aman-ul-Haq v. Punjab Public Service Commission PLD 1989 Lah. 196 and Engineer-in-Chief v. Jalaluddin PLD 1992 SC 207 ref.
Syed Najamul Hassan for Petitioner.
Zafar Iqbal for Respondents Nos. 1, 4 and 5.
Irfan Qadir, Addl. A: G. (Punjab) for Respondents Nos. 2 and 3.
Dr. Khalid Ranjha for Respondents Nos. 6 and 7.
Date of hearing: 27th May, 1992.