Lahore High Court: Appointment & Conditions of Service Rules (Volume: 5)
The Lahore High Court's Appointment & Conditions of Service Rules govern various aspects of employment, including appointment, promotion, and disciplinary actions. The following sections provide a detailed overview of these rules with relevant case laws and legal provisions.
Section 1: Appointment of Judges and Staff
The appointment process for judges and non-ministerial staff at the Lahore High Court is guided by a stringent set of rules to ensure transparency and meritocracy. Notably, the Supreme Court of Pakistan has emphasized the importance of fair appointments in several landmark judgments, such as:
- Malik Asad Ali v. Federation of Pakistan (PLD 1998 SC 161): This case underscored the necessity of adhering to merit and avoiding favoritism in judicial appointments.
- Al-Jehad Trust v. Federation of Pakistan (PLD 1996 SC 324): Also known as the Judges' Case, it highlighted the constitutional requirements for appointing judges to ensure judicial independence.
Section 2: Conditions of Service
The conditions of service for judges and staff members, including salary increments, promotions, and leaves, are meticulously outlined in the rules. These conditions are in accordance with the Punjab Civil Servants Act, 1974, and other relevant provisions such as:
- Section 12 of the Punjab Civil Servants Act, 1974: This section details the procedures for promotions, ensuring they are based on merit and seniority.
- Section 13 of the Punjab Civil Servants Act, 1974: It outlines the leave entitlements for civil servants, which apply to High Court employees as well.
Section 3: Disciplinary Actions and Penalties
Disciplinary actions, including penalties for misconduct, are governed by the rules, ensuring accountability among High Court staff. The rules stipulate various penalties such as demotion, withholding of increments, and removal from service. Relevant case laws include:
- Mst. Naseem Akhtar v. Government of Punjab (2006 SCMR 1797): This case highlighted the due process required in disciplinary actions against civil servants.
- Nawazish Ali v. Secretary Education (2011 SCMR 408): It emphasized the importance of a fair and transparent inquiry process before imposing any penalties.
Section 4: Retirement and Post-Retirement Employment
The rules also address retirement policies and the conditions under which retired employees may engage in private employment. According to the rules:
- Section 21 of the Punjab Civil Servants Act, 1974: This section governs the retirement age and conditions for civil servants.
- Section 28 of the Lahore High Court Rules: It restricts retired employees from rejoining the High Court in any capacity unless under exceptional circumstances approved by the Chief Justice.
Section 5: Appeal and Redressal Mechanisms
Employees have the right to appeal against disciplinary actions or other grievances through specified channels. The rules provide for a robust appeal mechanism to ensure justice and fairness. Notable judgments include:
- Dr. Mubashir Hassan v. Federation of Pakistan (PLD 2010 SC 265): This case reinforced the importance of a fair appeal process in service matters.
- Raja Mujahid Muzaffar v. Government of Punjab (2010 PLC (C.S.) 708): It highlighted the procedural safeguards necessary for an effective redressal mechanism.
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