SHERBAZ KHAN vs PROVINCIAL GOVERNMENT through Chief Secretary Government of Gilgit-Baltistan, Gilgit Health de

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SHERBAZ KHAN VS PROVINCIAL GOVERNMENT through Chief Secretary Government of Gilgit-Baltistan, Gilgit Health department---Promotion, entitlement to---Previous judgment passed by the Chief Court---Scope and effect---Petitioners [Medical Technicians (BPS-17) in Health Department] filed writ petition seeking directions to the respondents / Health Department to proceed for their promotion as Medical Technologist (BPS-17)---Plea of the respondents / Services, General Administration and Cabinet Department, was that as per direction passed in a previous judgment by the Chief Court, observance of 50% quota specified for initial appointment against the posts-in-question was necessary---Validity---From the parawise comments, filed by the Respondents, it was revealed that they (respondents) had admitted the plea/ claim of the petitioners by not denying relevant para (No. 4) of writ petition by stating therein (comments) that they had initiated the working papers for promotion of the petitioners vide a letter but Services, General Administration and Cabinet Department returned the same (working papers) by clearly mentioning that, as per previous judgment passed by the Chief Court, directives had been issued to the respondents regarding observance of 50% quota specified for initial appointment against the posts-in-question---Record revealed that although such like directions were earlier passed by the Chief Court , however, neither the present petitioners nor the respondents were impleaded in the said proceedings before the Chief Court---Therefore, said judgment / directions of the Chief Court were not binding upon the present petitioners---Even otherwise, the Chief Court later varied /expunged the said order passed by the previous Bench by stating that "we in the larger interest of justice law and equity expunge the aforesaid words"---Thus, the said previous judgment passed by the Chief Court would not be a hurdle in promotion of the present petitioners---Chief Court directed the respondents to promote the petitioners against the clear vacant posts of Medical Technologist (BPS-17) in Health Department within the shortest possible time---Writ petition was allowed accordingly.

SHERBAZ KHAN vs PROVINCIAL GOVERNMENT through Chief Secretary Government of Gilgit-Baltistan, Gilgit Health department — 2024 PLC(CS) 1426 Gilgit-Baltistan Chief Court

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