Case Details

Citation(s)
2003 SLG 3439 2003 SLD 3439 2003 PLD 266
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 2253/L to 2263/L of 2002, decided on 4th December, 2002.
TANVIR AHMED KHAN, KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ
Muhammad Anwar Ghuman, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Dr. Muhammad Abid and Arshad Hussain Bukhari. Law Assistant for
Respondents.

AAMIR IKRAM and 10 others

VS

DISTRICT HEALTH OFFICER, VEHARI and others

Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4---Constitution of Pakistan 1973), Art. 212(3)---Termination of service---Service Tribunal by allowing petitioners' appeals ordered their reinstatement in service, but treated intervening period as extraordinary leave---Validity---Supreme Court had already granted back-benefits to other employees of the same Department while accepting their petitions filed against the same impugned ---Present petitioners were party in the impugned of Tribunal and were aggrieved of the same, but had filed petitions now---Observing that Department should have been magnanimous enough to have allowed such benefit to the present petitioners, Supreme Court converted petitions into appeal and allowed all back-benefits to the petitioners. (b) Constitution of Pakistan (1973)---- ----Art. 212(3)---Petition for leave to appeal---Delay of 146 days. condonation of---Supreme Court out of impugned had already granted same relief to other employees of the same Department---Delay in present matter should not come in the way of petitioners for dispensation of complete and substantial justice, who were sailing in the same boat. JUDGMENT TANVIR AHMED KHAN, J.--Leave to appeal is sought against the judgment dated 5-12-2001 passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal), whereby the appeals filed by the petitioners against the termination of their services were accepted. However the intervening period was ordered to be treated as extraordinary leave. This matter was earlier assailed through Civil Petitions Nos.403-L to 425-L of 2002 by Sher Muhammad Shehzad and others against the same impugned judgment. This Court, through its judgment dated 3-5-2002, accepted the plea raised therein by the aggrieved persons and converted all the above petitions into appeals and allowed the same by granting them back benefits. The present petitioners were also party in the aforesaid judgment of the Tribunal and were aggrieved of the same. However, they have now tiled IA the instant…
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