Pakistan Case Law
1994 PLC (C.S.) 741

THE MAYOR, LAHORE METROPOLITAN CORPORATION And Another vs Miss

⭐ Prefer in Google
Citation1994 PLC (C.S.) 741
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.511/L of 1990 Service Appeal No.311/954
Date1990-09-02
Judge(s)Shafi ur Rahman and Ali Hussain Qazilbash
Authored byShafiur Rahman
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by the Mayor, Lahore Metropolitan Corporation and another against respondent No.1. The core legal question concerns the termination of lien of a civil servant and whether such lien can be terminated with consent prior to confirmation in another post. The Court held that the lien of the respondent could not be terminated even with her consent before she was confirmed in another post. The key principle laid down is that under Rule 3.15 of the Civil Services Rules (Punjab), a civil servant's lien cannot be terminated prior to confirmation in a new post, rendering any purported termination with consent ineffective.

Questions settled in this judgment
  • Can the lien of a civil servant be terminated with her consent before she is confirmed in another post?
  • Does Rule 3.15 of the Civil Services Rules (Punjab) Volume I permit the termination of a lien prior to confirmation in a new post?
Laws & provisions referred
  • Rule 3.15, Civil Services Rules (Punjab) Volume I
civil servantlienconfirmationtermination of lienleave to appeal

ORDER

1. SHAFIUR RAHMAN, J.--- The lien of the respondent No.1 could not be terminated even with her consent before she was confirmed in another post, under Rule 3.15 Civil Services Rules (Punjab)

2. Volume I. Hence, absolutely no case is made out for leave to appeal which is hereby refused.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.