Case Details

Citation(s)
1997 SLG 667 1997 SLD 667 1997 PLC 211
Lahore High Court
Civil Revision No. 197-D of 1995/BWP, decision dated: 11-10-1995.
M. JAVED BUTTAR, J

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Ch. ASGHAR ALI and others

VS

PROVINCE OF PUNJAB and others

Law:

Section:

(a) Constitution of Pakistan (1973)Art. 212No appeal against judgment passed by Service Tribunal having been filed before Supreme Court, judgment of Service Tribunal had become finalCivil Court would have no jurisdiction over judgment of Service Tribunal. A (b) Service Tribunals Act (LXX of 1973) S. 4AppealIf any direction/observation 'was not implemented by Department concerned in letter and spirit remedies were available to aggrieved civil servants under the law by way of Departmental appea0repre'sentation and on failing thereof they could approach Service Tribunal, but such matter could not be agitated in Civil Courts. M. Shamshir Iqbal Chughtai for Petitioners. Muhammad Hussain Chattha, A.A.G. alongwith Tabinda Imad, Director of Education (Secondary), Bahawalpur and Abdul Hameed, Assistant Director, Directorate of Education (Secondary), Bahawalpur for Respondent. Date of hearing: 11th October, 1995. ORDER The facts, in brief, leading to the institution of this revision petition are that the petitioners instituted a suit for declaration and permanent injunction on 2231968 before Senior Civil Judge, Bahawalpur to the effect that pay fixation party had fixed their pay in wrong scale and that they were entitled to the corresponding comparable scale of 32020525. They further prayed that their wrong fixation of comparable scale amounted to reduction in rank and it disturbed their seniority. Consequential relief by way of permanent injunction was also prayed for. The necessary issues were framed by the trial Court. The trial Court vide its judgment dated 351969 decreed the petitioners' suit and granted declaration that they are entitled to pay scales of 2401030015345/1540520525 being corresponding pay scale for the employees of the Central Government transferred to the Provincial Government. They were also granted consequential relief that the defendants should not recover the amount of May already paid to them. Thereafter the petitioners moved an application under sections 151 and 152, C.P.C. for the correction of the decree and the trial Court vide its order dated 611970 held that the omission was just a slip of pen or clerical mistake and the application was…
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