Case Details

Citation(s)
1981 SLG 377 1981 SLD 377 1981 SCMR 672
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 136-R of 1978, decided cry 19th February 1980. (On appeal from the judgment and order of the Lahore High Court dated 16th November 1978, in W. P. 4319-S/78)
DORAB PATEL AND NASIM HASAN SHAH, JJ
A Yusuf Ali Khan, Advocate for Petitioner. M. A. Qureshi; Advocate-on-Record for
Respondents.

Khan ABDUL AZIZ KHAN

VS

SECRETARY, GOVERNMENT OF PUNJAB AND 3 others

Law:

Section:

Constitution of Pakistan (1973)---Art. 199-Writ jurisdiction-High Court while granting ad interim stay also deciding stay application at motion stage behind back of opposite-party-High Curt, held, while admitting writ petition com­petent only to pass ad interim order and stay application could be decided after notice to parties affected. ORDER DORAB PATEL, J.--In view of the order we are passing, it will be suffi­cient to state that the dispute between the petitioner and the fourth respon­dent is about seniority in service and after his appeal before the Punjab Service Tribunal had been ordered to be consigned to the record by the Punjab Service Tribunal by its order dated 29-5-1978, the fourth-respondent filed a writ petition in the Lahore High Court against the petitioner and the first three respondents in this petition for leave, and together with the writ petition he had sought a stay of the order by which he was aggrieved. The writ petition game up for admission together with the stay applica­tion before a learned Single Judge of the Lahore High Court on 15-11-1978. The learned Single Judge admitted the writ petition and ordered notice to the respondent. He then granted a stay to the fourth respondent and Mr. Yusuf Ali Khans real grievance is about the terms on which this was granted. Hence this petition for leave. Mr. Yusuf Ali Khan submitted that the fourth respondent's writ petition was hit by the bar of Article 212 of the Constitution. As he also raised other legal objections to the maintainability of the writ petition, we observed that he, was free to raise these objections in the High Court. Learned counsel then criticized the second part of the…
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