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1993 PLC(CS) 1132

MUHAMMAD ASIF VS GOVERNMENT OF PUNJAB

Petitioner: MUHAMMAD ASIF VS Respondent: GOVERNMENT OF PUNJAB

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1993 P L C (C

1993 P L C (C.S.) 1132

[Lahore High Court]

Before Sh. Abdul Mannan, J

MUHAMMAD ASIF

Versus

GOVERNMENT OF PUNJAB

Writ Petition No. 11391 of 1992, decided on 30th November, 1992.

Civil service

‑‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Termination of service‑‑‑‑Constitutional petition‑‑‑Competency of alternative remedy being available to petitioner against termination of his appointment before Secretary to Government of Punjab, Services and General Administration, petitioner could file appeal/representation against his grievance‑‑‑Constitutional petition was not competent.

Ch. Muhammad Ashraf Azeem for Petitioner.

ORDER

Petitioner was appointed as Junior Clerk in the office of respondent No. 3, Principal, Government Commercial Training Institute, Wazirabad. His appointment was terminated by letter dated 29‑10‑1992 of respondent No. 2 on the ground that recruitment was made in violation of Government's policy/instructions and that now the petitioner can compete alongwith others as per new policy of the Government. Petitioner is aggrieved against this order of his termination.

2. It is stated by the learned counsel that he can make a representation against the order of termination which is illegally made. He further submits that if there was any restriction in the appointment of petition the same was deemed to have been waived by appointing him and subsequently this could not be a valid and legal ground for cancelling his appointment. According to him he took over the charge and worked for about four months.

3. It is conceded that there is alternate remedy available to the petitioner against his termination before the Secretary to the Government of Punjab Services and General Administration.

In case the petitioner files an appeal/representation, the same will be decided within a month.

H.B.T./M‑1022/ L Petition dismissed.

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