| Citation(s) |
|---|
| 1981 SLG 3380 = 1981 SLD 3380 = 1981 CLC 321 |
Lahore High Court
Writ Petition No. 1819 of 1980, heard on 3rd March, 1980.
Presented By: Manzoor Hussain Sial, J
Bashir Ahmad for Petitioner. M. Tassadiq Hussain Jilani, Asstt. A.-G. for
Respondent.
Writ Petition No. 1819 of 1980, heard on 3rd March, 1980.
Presented By: Manzoor Hussain Sial, J
Bashir Ahmad for Petitioner. M. Tassadiq Hussain Jilani, Asstt. A.-G. for
Respondent.
KHAWAR IJAZ AND ANOTIM-Petitioners
VERSUS
GOVERNMENT OF THE PUNJAB-Respondent
Law: Constitution of Pakistan, 1973
Section: 199
Law: Punjab Civil Servants Act, 1974
Section: 2(b)
Law: Workmen's Compensation Act (V111 of 1923)
Section: 2 (n)
(a) Constitution of Pakistan (1973) Art. 199-Writ-Aggrieved person-Possession of a right in strict juristic sense not necessary to maintain Constitutional Petition-Sufficient for petitioner to show that he has personal interest in performance of legal duty which, if not performed legally, would result in loss of some advantage, or privilege. A person may not have a right in the strict juristic sense to maintain Constitutional Petition, but it is sufficient to show that he has a personal interest in the performance of legal duty, which, if performed in a manner not permitted by law, would result in the loss of some advantage or privilege. Munawar Ali and S others v. Secretary to the Government of the Punjab P L D 1975 Lab. 544 and Fazal Din v. Lahore Improvement Trust P L D 1969 S C 223 ref. (b) Constitution of Pakistan (1973) Art. 199 - Writ - Court would be reluctant to interfere with discretionary orders passed by Executive authorities unless same arbitrary or in abuse of powers. Ikram Bur Service v. Board of Revenue P L D 1963 S C 564; Montgomery Flour &…