| Citation(s) |
|---|
| 1995 SLG 248 1995 SLD 248 1995 SCMR 1047 |
Supreme Court of Pakistan
Civil Petitions Nos. 1252/L, 1253/L, 1261/L and 1296/L of 1993, decided on 30th January. 1995.
AJMAL MIAN AND FAZAL KARIM, JJ
Mahmood A. Qureshi, Advocate on Record for Petitioners (in C.Ps. Nos. 1252/1, and 1253/1, of 1993). Sayed Zahid Hussain, Advocate Supreme Court and Tanvir Ahmed, Advocate on Record for Petitioners (in C.Ps. Nos. 1261 of 1993 and 1296/1, of 1993). Irshad
Civil Petitions Nos. 1252/L, 1253/L, 1261/L and 1296/L of 1993, decided on 30th January. 1995.
AJMAL MIAN AND FAZAL KARIM, JJ
Mahmood A. Qureshi, Advocate on Record for Petitioners (in C.Ps. Nos. 1252/1, and 1253/1, of 1993). Sayed Zahid Hussain, Advocate Supreme Court and Tanvir Ahmed, Advocate on Record for Petitioners (in C.Ps. Nos. 1261 of 1993 and 1296/1, of 1993). Irshad
MUHAMMAD IQBAL and others
VS
GOVERNMENT OF THE PUNJAB and others --Respondents
Law: Constitution of Pakistan, 1973
Section: 185(3),212
(a) Constitution of Pakistan (1973) Arts. 185 (3) 212 Termination of service of petitioners on basis of decision of High Court in suo motu jurisdiction, whereby High Court had directed Education Department to fill in posts of teachers on basis of merit to terminate those whose appointment was not on merits but on basis of quota of legislators Petition for leave to appeal by teachers whose services were terminated on basis of decision of High Court If petitioner’s appointments were in accordance with law as contended by them, termination of their services without any justifiable reason would entitle them to maintain appeals before Service Tribunal and not Constitutional petition or Intra Court Appeal or petition for leave to appeal to Supreme Court Service Tribunal was competent `to go into the question whether petitioner’s appointments were made in accordance with law or whether termination of their services was warranted by law Petition for leave to appeal was misconceived Service Tribunal would consider petitioner’s application for condonation of delay in accordance with law keeping in view the factum that a large number of people were involved therein. Munawar Khan v. Niaz Muhammad and 7 others 1993 PLC (C.S.) 797 and Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539 ref. (b) Constitution of Pakistan (1973) Arts. 185 212 Termination of service Service Tribunal being competent to decide such question as to whether terminations were in accordance with law or not, petitioners were referred to approach it -High Court in its decision had dealt with broader Constitutional legal issues and not with the cases of petitioner individually High Court had not determined as to whether petitioners were appointed in accordance with law and whether termination of their services was warranted by law ¬Such points would be determined independently by Service Tribunal after examining factual and legal aspects Petitioner’s apprehension that Service Tribunal would be prejudiced by the of High Court was ill-¬founded. ORDER AJMAL MIAN, J.By this common order, we intend to dispose of the above four petitions for leave to appeal…
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