Full Judgment Text & Judicial Ruling

2008 P L C (C

2008 P L C (C.S.) 1251

[Lahore High Court]

Before Kazim Ali Malik, J

TALLAT MEHMOOD

Versus

BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN through Vice-Chancellor and 2 others

Writ Petition No.1841 of 2008, decided on 6th May, 2008.

Bahauddin Zakaria University Act (III of 1975)---

----S. 16(3)---Constitution of Pakistan (1973), Art.199---Constitutional petition--- Promotion---Withdrawal of order of promotion---Petitioner was employed in University as Sub-Engineer---Vice-Chancellor, in anticipation of approval of Syndicate/Chancellor, promoted petitioner to the post of Assistant Engineer in basic pay scale 17, with the clarification that in case said promotion was not approved by the Syndicate/Chancellor, petitioner would be reverted to his original post of Sub-Engineer---Subsequently, Vice-Chancellor vide office order, in exercise of power vested in him under S.16(3) of Bahauddin Zakaria University Act, 1975 promoted petitioner as University Engineer on officiating basis subject to approval of the Chancellor---Subsequently Vice-Chancellor/ on behalf of Syndicate, vide impugned order withdrew said order of promotion on officiating basis and reverted petitioner to his original official position of Assistant Engineer on account of his unsatisfactory service record---Validity---Petitioner had not been promoted as University Engineer on regular basis and vide office order his promotion was on officiating basis subject to approval of the Syndicate---Petitioner having never been promoted as University Engineer, impugned order by means of which he was restored to his original position, should not have hurt the petitioner---Mere fact that the petitioner was promoted on officiating basis subject to approval of the Authority, would not create any right of promotion in his favour---Further more the petitioner was proceeded against on the charge of misconduct---Reasons which weighed with the Vice-Chancellor while passing the impugned order were not whimsical or arbitrary---Record, revealed that the petitioner misused his official position, which was awarded to him on officiating basis---Impugned order of Vice-Chancellor, in circumstances, was not open to exception on any ground.

Khurshid Ahmad Khan for Petitioner.

JUDGMENT

KAZIM ALI MALIK, J.---Tallat Mahmood, petitioner, secured employment in respondent-University as Sub-Engineer vide office order dated 31-1-1990. The respondent/Vice-Chancellor in anticipation of approval of the Syndicate/Chancellor promoted the petitioner to the post of Assistant Engineer in basic pay scale 17, however, with the clarification that in case the promotion was not approved by the Syndicate/ Chancellor, he would be reverted to his original post of Sub-Engineer. The Chancellor approved the promotion in anticipation vide office order dated 11-12-1993 and in this way the petitioner held the position of Assistant Engineer. Vide office order dated 30-12-2002 the Vice-Chancellor of the respondent-University in exercise of powers vested in him under section 16(3) of Bahauddin Zakaria University Act, 1975 promoted Tallat Mahmood, Assistant Engineering as University Engineer on officiating basis subject to approval of the Chancellor. Vide office order dated 3-4-2008 the Vice-Chancellor on behalf of the Syndicate withdrew the said order of promotion on officiating basis and reverted the petitioner to his original official position of Assistant Engineer on account of his unsatisfactory service record.

2. Feeling aggrieved the petitioner has filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 and has called in question legality and correctness of office order, dated 3-4-2008, referred to above on so many grounds.

3. This is a matter of record that the petitioner had not been promoted as University Engineer on regular basis and vide office order dated 30-12-2002 his promotion as University Engineer was on officiating basis subject to approval of the Syndicate or Chancellor. As the petitioner had never been promoted as University Engineer, therefore, the impugned order by means of which he was resorted to his original position should not have hurt him. The mere fact that the petitioner was promoted on officiating basis subject to approval of the authority would not create any right of promotion in his favour. Furthermore, the petitioner was proceeded against on the charge of misconduct. The charge-sheet annexed with this petition shows that he was charge-sheeted as under:--

"That during your posting as University Engineer in P.D. (Wing) B.Z. University, Multan you misplaced two measurement books Nos.439 and 443 in order to prepare new abstract of bills in some other measurement books so that payment should be got released, which were withheld by the Project Director"

In the light of charge-sheet it can be safely said that the reasons which weighed with the respondent/Vice-Chancellor while passing the impugned order were not whimsical or arbitrary. According to the record the petitioner misused his official position, which was awarded to him on officiating basis. In this view of the matter the impugned order is not open to exception on any ground. I, therefore, dismiss this writ petition in limine.

H.B.T./T-13/L Petition dismissed.

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