GHULAM MUSTAFA ZAMAN vs DISTRICT AND SESSIONS JUDGE, GUJRAT Volume-I, Part-I, Chap

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GHULAM MUSTAFA ZAMAN VS DISTRICT AND SESSIONS JUDGE, GUJRAT Volume-I, Part-I, Chap. VII , R. 7.3---Dismissal of a civil servant---Post falling vacant---Reinstatement of dismissed civil servant---Vacated post, filling of---Conditions---Reinstated Assistant Librarian filed appeal (appellant) against his posting as Senior Computer Operator instead of his initial appointment / cadre---Held: Undisputedly , the appellant joined the post of Assistant Librarian at relevant District before the appointment of other lady/employee, who was appointed against the post which fell vacant on the dismissal from service of another employee, who was later on reinstated into service by the Lahore High Court--- In such a scenario, the Lahore High Court, rightly advised the District and Sessions Judge (respondent) to deal with the matter in accordance with Rule 7.3 (Administrative Instructions) Chapter VII, Volume-I, Part-I of Civil Service Rules, Govt. of the Punjab ('Rule 7.3')---The provision of said R. 7.3 made it abundantly clear that the post falling vacant due to dismissal of a civil servant will be filled substantively with the condition that the arrangements made will be reversed if the dismissed Government servant is reinstated on appeal---But astonishingly, the respondent instead of following the said R. 7.3 as well as the advice of the Lahore High Court, in letter and spirit again wrote a letter to Lahore High Court, seeking guidance to adjust the appellant against the post of Senior Computer Operator, which act of the respondent was against the specific provision of the Rule 7.3 as well as the advice of the Lahore High Court---Regarding the change of cadre from Assistant Librarian to Senior Computer Operator, the departmental authority should have followed the law on the subject instead of acting on its wishes---The application so submitted by the appellant and action taken on it, being violative of the R. 7.3 was not tenable in the eyes of law---If law requires a thing to be done in a specific manner, it should be done in that manner and not otherwise---Punjab Service Tribunal set-aside the impugned orders passed by the respondents, declaring the same as illegal and unlawful not being sustainable, and directed respondent to treat the appellant as Assistant Librarian at his initial/original appointment while strictly adhering to the provisions of R. 7.3 (Administrative Instructions) Chapter VII, Volume-I, Part-1 of Civil Service Rules, Government of the Punjab---Service appeal was allowed accordingly.

GHULAM MUSTAFA ZAMAN vs DISTRICT AND SESSIONS JUDGE, GUJRAT Volume-I, Part-I, Chap — 2025 PLC(CS) 1672 SERVICE-TRIBUNAL-PUNJAB

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