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2023 PLC(CS) 81 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PLC(CS) 81 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLC
Subject matter
Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NISAR SARWAR VS FEDERATION OF PAKISTAN through Secretary to the Government of Pakistan, Ministry of Energy Power Division), Islamabad art.199---Constitutional petition---Seniority, question of---Non statutory rules---Current charge bases---Petitioner was civil servant who was aggrieved of office order passed by authorities, whereby instead of appointing petitioner on post in question an official junior to him was posted on current charge---Plea raised by authorities was that Lahore Electric Supply Company did not have statutory rules, therefore Constitutional petition was not maintainable---Validity---Matter was of serious nature involving questions of seniority and eligibility in terms of memorandum in question issued by Federal Government and other correspondence, regarding appointment of officers on current charge against higher posts---In case of non-compliance of directions and non-observance of guidelines mentioned therein, possibility of mala fide could not be ruled out, especially when seat in question was not vacant---High Court transmitted copy of petition along with annexures to Federal Government to look into the matter---High Court directed Federal Government to ensure that rules, regulations, and applicable law / policy would be strictly followed in matters involving transfers and postings---Constitutional petition was disposed of accordingly.

Other judgments reported in 2023 PLC

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