| Citation(s) |
|---|
| 1997 SLG 412 1997 SLD 412 1997 PLD 382 |
Supreme Court of Pakistan
Civil Appeals -Nos. 781 and 782 of 1994, heard on2-04-1997.(On appeal from the judgment of Lahore High Court,dated 28-5-1994 passed in I.C.A. No.91 of 1991).
SAIDUZZAMAN SIDDIQUI, MUHAMMAD BASHIR KHAN, JEHANGIRI AND NASIR ASLAM ZAHID, JJ
Masood Zakariya, Advocate Supreme Court and K.M.A. Samdani Advocate Supreme Court for Appellant (in C.As. Nos. 781 and 782 of 1994).Abid Hasan Minto, Advocate Supreme Court and M.A. Zaidi Advocate-on-Record No. 1 (in C.As. Nos. 781 and 782 o 1994). Kh
Civil Appeals -Nos. 781 and 782 of 1994, heard on2-04-1997.(On appeal from the judgment of Lahore High Court,dated 28-5-1994 passed in I.C.A. No.91 of 1991).
SAIDUZZAMAN SIDDIQUI, MUHAMMAD BASHIR KHAN, JEHANGIRI AND NASIR ASLAM ZAHID, JJ
Masood Zakariya, Advocate Supreme Court and K.M.A. Samdani Advocate Supreme Court for Appellant (in C.As. Nos. 781 and 782 of 1994).Abid Hasan Minto, Advocate Supreme Court and M.A. Zaidi Advocate-on-Record No. 1 (in C.As. Nos. 781 and 782 o 1994). Kh
Dr. AHMAD SALMAN WARIS, ASSISTANT PROFESSOR, SERVICES HOSPITAL, LAHOREvsDr. NAEEM AKHTAR and 5 others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 212(3)---Terms and conditions of service---Leave to appeal was granted to examine question of first impression viz. whether in the facts of the case qualifications for appointment of Assistant Professor of Urology was a matter relating to terms and conditions, of service within meaning of Art. 212 of the Constitution. (b) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4--- Appeal before Service Tribunal--- Scope. Under section 4 of the Punjab Service Tribunals Act, 1974 appeal lies at the instance of an aggrieved civil servant before the Tribunal against the final order, whether original or appellate passed by a departmental authority in respect of any of the terms and conditions of his service including disciplinary matters, within 30 days of the communication of such order to him. However. no appeal is competent before the Tribunal against the order of a departmental authority determining fitness or otherwise of a person to be appointed or to hold a particular post or against the order imposing penalty except where the punishment awarded is dismissal, removal, reduction in rank or compulsory retirement from service. One of the jurisdictional requirements of such an appeal is, that it must be filed by a civil servant .as defined in the Act. Another jurisdictional requirement of such an appeal is, that the grievance of the aggrieved civil servant must relate to a final order of departmental authority whether original or appellate. (c) Constitution of Pakistan (1973)--- ----Art. 212---Punjab Service Tribunals Act (IX of 1974), Ss. 2 & 4, provisos (b), (i) & (ii)---Bar contained in Art. 212 of the Constitution when can be operative. In order to make a matter exclusively cognizable by a Tribunal under the Act, and to create an ouster of jurisdiction of all other Courts and Tribunals under Article 212 of the Constitution, it must oe shown that the matter is agitated by a civil servant as defined under the Act, it has arisen from a final order of a departmental authority whether, original or appellate, it concerns the terms and conditions of the aggrieved civil servant and that it is not covered by the…
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