Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: KHURSHID AHMAD GHUMAN VS Respondent: MANAGING DIRECTOR
1992 P L C (C
1992 P L C (C.S.) 556
[Lahore High Court]
Before Irshad Hasan Khan, J
KHURSHID AHMAD GHUMAN
versus
MANAGING DIRECTOR and others
Writ Petition No. 7887 of 1991 decided on 22nd October, 1991.
(a) Constitution of Pakistan (1973)---
----Art. 199---Civil service---Constitutional jurisdiction, exercise of- -Petitioner through Constitutional petition sought declaration that his Annual Confidential Reports which according to him were written by an incompetent Authority, be declared without lawful authority---Question whether respondent Authority who had recorded ACRs of petitioner, was competent to record the same, was a disputed question of fact, and such disputed question could not be entertained in constitutional proceedings.
(b) Civil service---
---Move-over---Entitlement to---Civil servant claiming move-over, had failed to show that any of employees similarly placed was granted move-over Employer (Corporation) had denied that move-over policy of Government had been adopted by the Corporation---Claim of Civil Servant with regard to move-over; was misconceived, in circumstances.
(c) Constitution of Pakistan (1973)----
----Art. 199---Civil service---Constitutional jurisdiction, exercise of-- Competent Authority after considering recommendation of Departmental Promotion Committee, found petitioner employee unfit for promotion and decided not to promote him---No exception could be taken to decision of competent Authority in Constitutional jurisdiction of High Court.
(d) Civil service----
--- Promotion---Civil Servant claiming pro forma promotion with all back benefits, had failed to prove that his juniors were promoted and he was ignored---Departmental Promotion Committee had duly considered case of employee and found him unfit for promotion---Competent Authority after considering recommendation of Departmental Promotion Committee, had taken decision not to promote civil servant---No exception could be taken to decision of competent Authority made in view of recommendation of the Committee.
(e) Civil service--
---- Pay scale---Adjustment of---Civil servant had submitted that he was entitled to NPS 14, while he was wrongly placed in NPS 11---One decade had nearly passed when civil servant was placed in NPS 11, but be took no objection to his placement in that grade when order in that respect was passed---After a decade submission of civil servant, suffered from gross laches and such laches, could not be condoned in facts and circumstances of case.
Petitioner in person.
Rana Muhammad Arshad Khan, Add1.A.-G. alongwith Muhammad Iqbal Vehniwal for Respondents.
M.N. Beg, Legal Adviser of Respondents.
Date of hearing: 21st September and 22nd October, 1991.