Law:

Section:

(a) Allama lqbal Open University Act (XXXIX of 1974)--- ----S. 18---Constitution of Pakistan, Arts.199, 189, 25 & 4---Civil Service---Increments---Benefit of decision of Service Tribunal to the employees who were similarly placed but not party to proceedings---Petitioners sought benefit of of Supreme Court and Service Tribunal that was given to their colleagues, who were similarly placed in relation to increments in salary---Contention of University authorities (employer) was that said benefit could not be extended to the petitioners as they were not party to proceedings either before the Service Tribunal or the Supreme Court---Validity---Once a decision was made by the Supreme Court, determining a question of law or enunciating a principle of law, the same was binding on all courts in Pakistan---Judgment of the Supreme Court becomes a guideline that had to be followed by everyone---When a person got benefit from the of the Supreme Court, then all other similarly placed persons would become entitled to the same relief, irrespective of the fact as to whether they were party in the earlier litigation or not---If one benefit had been extended to the employee on basis of a of the Service Tribunal, then refusal of the same benefit to other employees who were similarly placed, was violative of Art.4 and Art.25 of the Constitution---Petitioners, in circumstances, were entitled to the salary/increment accordingly---Constitutional petition was allowed. (b) Constitution of Pakistan--- ----Art. 189---Decision of Supreme Court binding on other courts ----Once a decision was made by the Supreme Court, determining a question of law or enunciating a principle of law, the same was binding on all courts in Pakistan---Judgment of the Supreme Court becomes a guideline that has to be followed by everyone---When a person got benefit from the of the Supreme Court, then all other similarly placed persons would become entitled to the same relief irrespective of the fact as to whether they were party in the earlier litigation or not. (c) Service Tribunals Act (LXX of 1973)--- ----Ss. 1(3) & 5 --- Constitution of Pakistan, Arts.4 & 25---Decision of Service…

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