| Citation(s) |
|---|
| 1981 SLG 284 1981 SLD 284 1981 SCMR 433 |
Supreme Court of Pakistan
Civil Appeals Nos. 16 to 22 of 1977 and Civil Petitions for Special Leave to Appeal Nos. 476, 526, 536 and 562 of 1977, decision dated: 10-05-1978
ANWARUL HAQ, C.J., WAHEEDUDDIN AHMAD, MUHAMMAD AKRAM, DORAB PATEL AND KARAM ELAHEE CHAUHAN, JJ
Mian Mahmud Ali Kasuri, Senior Advocate instructed by Ch. Fazal-i-Hussain. Advocate-on-Record for Appellants (in C. A. No. 16/1977). Sh. Riaz Ahmad, Assistant Advocate-General with M. M. Said Beg instructed by Sh. Ijaz Ali, Advocate-on-Record for Respon
Civil Appeals Nos. 16 to 22 of 1977 and Civil Petitions for Special Leave to Appeal Nos. 476, 526, 536 and 562 of 1977, decision dated: 10-05-1978
ANWARUL HAQ, C.J., WAHEEDUDDIN AHMAD, MUHAMMAD AKRAM, DORAB PATEL AND KARAM ELAHEE CHAUHAN, JJ
Mian Mahmud Ali Kasuri, Senior Advocate instructed by Ch. Fazal-i-Hussain. Advocate-on-Record for Appellants (in C. A. No. 16/1977). Sh. Riaz Ahmad, Assistant Advocate-General with M. M. Said Beg instructed by Sh. Ijaz Ali, Advocate-on-Record for Respon
FAZAL ELAHI IJAZ ETC.
VS
GOVERNMENT OF PUNJAB AND others
Law:
Section:
Constitution of Pakistan (1973)--- Art. 21.2-Appeal-Withdrawal-Interim relief-Appeal allowed to be withdrawn for being presented before appropriate forum (Service Tribunal)-Pending decision by Service Tribunal, interim relief (maintenance of present status and emoluments) granted but appropriate time limit fixed for presentation of appeal.-[Appeal (civil)] ORDER ANWARUL HAQ, C. J.-This order will dispose of Civil Appeals bearing Nos. 16 to 22 of 1977 and Civil Petitions for leave to appeal bearing Nos. 473, 526, 536 and 562 of 1977, all of which raise almost identical questions of law and fact regarding the terms and conditions of Principals, Head Masters and Head Mistresses of nationalised colleges and schools in terms of Martial Law Regulation No. 118 promulgated on 1st April, 1972. 2. The appellants/petitioners in these cases are aggrieved by the Rules promulgated by the Governor of the Punjab on the 26th of September, 1974, under paragraph 13 of the aforesaid Regulation. A learned Single Judge of the Lahore High Court, by his judgment dated the 21st July, 1975, has taken the view that the petitions were not competent as they were hit by the bar contained in Article 212 of the Constitution, inasmuch as the matters sought to be raised by the petitioners/appellants related to the terms and conditions of their service, which were amenable to the jurisdiction of the appropriate Services Tribunal established under the Punjab Administrative Tribunals Act, 1974 read with the relevant provisions of the Punjab Civil Servants Act, 1974. This view has been upheld by a Division Bench of the same High Court, although on somewhat different grounds, by its judgment dated the 14th of October, 1976. 3. Substantial questions of law relating to the interpretation of the relevant provisions of the Constitution as well as of the relevant paragraphs of Martial Law Regulation 118 were raised in these matters before us, and have been argued for the last three days. However during the course of arguments, the learned counsel appearing for the appellants/ petitioners, have decided to take these matters to the appropriate Services Tribunal in terms of the decision rendered by the…
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