Full Judgment Text & Judicial Ruling

2001 P L C (C

2001 P L C (C.S.) 672

[Lahore High Court]

Before Dr. Munir Ahmad Mughal, J

FIAZ MUHAMMAD QURESHI, DSP (LEGAL), MULTAN

versus

GOVERNMENT OF THE PUNJAB, LAHORE through Chief Secretary and 3 others

Writ Petition No. 305 of 2001, heard on 12th January, 2001.

Civil service---

----Promotion---Implementation of notification of promotion---Civil servant, consequent upon recommendations of Selection Board and approval of Competent Authority, was cleared for promotion to the rank of S.P. (BS-18) on regular basis vide notification issued by Authority, but said notification was not implemented despite many posts were lying vacant---Authority conceded the position but requested for time to implement the said notification---Authority was directed to implement notification up to a specified time.

Tahir Latif Sheikh v. Federation of Pakistan and another 2000 PLC (C.S.) 582 ref..

Syed Aaqa Asif Jaffary for Petitioner. Malik Qasim Khan, Asstt. A.-G. for Respondents:

Date of hearing: 12th January, 2001.

JUDGMENT

Through this Constitutional petition the petitioner seeks a declaration that the respondents' be directed to implement Notification of Promotion dated I4-10-2000 by way of making posting of the petitioner as SP (BS-18) without further loss.

2. The background of the case is that consequent upon recommendations of the Provincial Selection Board and approval of the Governor/competent Authority, the petitioner was cleared for promotion to the rank of SP (BS-18) on regular, basis vide notification dated 14-10-2000 issued by respondent No.2 and that on receipt of the Notification of promotion of the petitioner, Secretary Home Department Lahore, respondent No.3 requested the Inspector-General of Police, Punjab, Lahore to send posting proposal of the petitioner at the earliest and that despite of the latest vacancy position of SP (BS-18) 25 posts are lying vacant but nothing has been done or no steps have been taken to implement the Notification of promotion of the petitioner by way of issuance of his posting order as SP (BS-18). And that for no fault of his own, the petitioner is being deprived of his hard earned promotion which amounts to undoing, recommendations of the Provincial Selection Board and approval of the Governor/competent Authority and that due to non-implementation of the Promotion Notification the petitioner has been forced to suffer jeopardy of his vested right relating to higher status as well as remuneration of the Rank of SP (BS-18) and that the respondents Nos.3 and 4 are procrastinately delaying the implementation of the promotion Notification dated 14-10-2000 by not issuing his posting order as SP (BS-18) despite period of more than two months has passed and there are 25 posts lying vacant and that the petitioner has a vested right of posting as SP (BS-18) in terms of implementation of his promotion Notification issued by the competent Authority and the respondents are showing complete inaction on their part which is not only a source of frustration but patent denial of his due status as well as benefits, attached to it and this becomes naked departure from legal obligation on the part of respondents and that failure of respondents to implement the Notification of promotion and non -issuance of requisite posting order of the petitioner as SP (BS-18) are diabolic denial to perform their .legal duty cast upon them and that no implementation of the Notification of promotion is an act of administrative tyranny and executive lethargy which have not only caused unmeasured agony to, the petitioner but have also brought absurdity in system which call for gracious intervention of this Hon'ble Court by way of issuance of a writ, an order or a direction in the nature of MANDAMUS against the respondents since there is no other alternate remedy available to the petitioner.

3. Notice was given to the respondents and the learned Assistant Advocate-General has appeared and concedes the legal position but requested for sometime to implement the Notification of promotion dated 14-10-2000 8 by way of making posting of the petitioner as SP. (BS-18).

4. In this view of the matter, the writ petition is allowed and the respondents Nos. 3 and 4 are directed to implement the Notification of promotion of the petitions till 31-1-2001 positively.

5. The office shall immediately convey the order to both the respondents by FAX. So far as the costs of the case is concerned, reference has -beets made to Tahir Latif Sheikh v. Federation of Pakistan and another (2000 PLC (C.S.) 582) where in a similar case the respondents were burdened with costs and lawyers fee was fixed at Rs.5,000 but in the present case as here is no resistance from the side of the respondents and only time is sought for practical reasons, no order is made as to costs.

6. Disposed of.

H.B.T./F-37/L Petition allowed.

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