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January 25, 2020

LHC overrules objection to petitions against assistant registrars

Lahore

January 25, 2020

LAHORE:Justice Ayesha A Malik of the Lahore High Court Friday overruled a registrar office objection to two identical petitions against alleged irregularities in promotion, elevation of all assistant registrars working in the establishment of the high court.

Justice Malik heard the petitions as “objection case” as the office had questioned their maintainability. However, the judge after hearing initial arguments of the petitioners’ counsel overruled the objection and directed the office to fix the petitions before any appropriate bench. Mian Maqsood Ahmad and Asadullah Virk, both members of the Lahore High Court Bar Association, mainly argued in their petitions that all serving assistant registrars had been elevated without observance of procedure that includes pre-promotion examination, a pre-requisite and mandatory according to the rules.

The Punjab governor, federal secretary finance, auditor general of Pakistan, accountant general of Punjab, provincial secretaries for law and finance, director general audit of Punjab and registrar of the LHC had been made respondents in the petitions.

One of the petitioners contended that the illegal and unlawful assistant registrars had been appointed or promoted by then chief justices of the LHC in exercise of discretionary powers under rule 26 of appointment and conditions of Service Rules. He said the high court appointment and condition of sub rules 8 & 9 categorically provided that no such appointment could straight away be made as observance of the sub rules was mandatory and obligatory prior to making such appointments.

The petitioner submitted that it had been learnt through reliable sources that the LHC was still planning to appoint/promote junior staff to 40 posts of assistant registrars without conducting mandatory pre-promotion examination.

He asked the court to set aside all previous appointments/promotion of assistant registrars made in violation of the rules and ensure that all future appointments/promotions were made strictly in accordance with law.