| Citation(s) |
|---|
| 2019 SLG 867 2019 SLD 867 2019 MLD 390 |
Lahore High Court
I.C.A. No. 1032 of 2016, decision Dated: 22-01-2019.
MAMOON RASHID SHEIKH, JUSTICE SHAHID WAHEED, JUSTICE
Petitioner(s) by: Asif Mehmood Cheema, Addl. Advocate General
Respondent(s) by: Anees Sherwani
I.C.A. No. 1032 of 2016, decision Dated: 22-01-2019.
MAMOON RASHID SHEIKH, JUSTICE SHAHID WAHEED, JUSTICE
Petitioner(s) by: Asif Mehmood Cheema, Addl. Advocate General
Respondent(s) by: Anees Sherwani
SECRETARY, HEALTH DEPARTMENT
VS
DR. MUHAMMAD KHALID MASOOD AND OTHERS
Law: Law Reforms Ordinance, 1972
Section: 3
Law: Civil Procedure Code (V of 1908)
Section: 79
Law: Constitution of Pakistan, 1973
Section: 174,199
Law Reforms Ordinance (XII of 1972)--- ----S.3---Constitution of Pakistan, Arts. 174 & 199---Civil Procedure Code (V of 1908) S.79---Intra-court appeal---Maintainability---Suits/ appeals by Provincial Government---Question before High Court was whether intra-court appeal filed by Secretary of a Provincial Government Department against order passed in a Constitutional petition regarding affairs of the Provincial Government, was maintainable---Held, that impugned order passed in the present case related to matters which were concerned with affairs of Provincial Government and no officer of the said provincial government in his / her official capacity or otherwise, could be said to be an "aggrieved person" in relation to a judicial order regarding affairs of the Government---High Court observed that Provincial Government was a party to the Constitutional petition and it could have preferred intra-court appeal against the same if it so wanted, and the present appeal filed by Secretary of a Provincial Government Department was not maintainable, and was dismissed, in circumstances. Secretary, B. & R. Government of West Pakistan and 4 others v. Fazal Ali Khan PLD 1971 Kar. 625 and Manthar and another v. Province of Sindh through Deputy Commissioner, Sanghar and 4 others 1996 MLD 1510 rel. THIS ORDER PASSED BY: SHAHID WAHEED, JUSTICE---.--- This Intra Court Appeal under Section 3 of the Law Reforms Ordinance, 1972 calls into question the direction, to consider the case of respondents Nos.1 to 3 for regularization of their period under contract with the King Edward Medical University, issued by the learned Single Judge in Chamber through order dated 12.05.2016 in a petition brought by the said respondents under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, that is, Writ Petition No.7243 of 2013. 2. Before commencing hearing on the merits of the instant appeal, we noticed that respondents Nos.1 to 3 in their constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 had impleaded: (i) Government of the Punjab through Secretary, Health Department, Civil Secretariat Lahore; (ii) Special…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492