Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)----S. 4(1), proviso (b)---Constitution of Pakistan (1973), Arts. 199 & 212---Constitutional petition---Maintainability---Termination of service--- "Fitness" and eligibility---Services of civil servants were terminated on ground of their want of eligibility for appointment in the first place and not on the issue of their "fitness" to continue with their service--- Validity---Provision vi proviso (b) to S. 4(1) of Punjab Service Tribunals Act, 1974 applied only to the cases of determination of "fitness" or otherwise and not to those of "eligibility" ---Order of termination of service pertaining to terms and conditions of service, Constitutional petition was not maintainable. (b) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4(1), proviso (b)---"Fitness" and "eligibility"---Distinction---Former pertains to performance of a' civil servant during his service whereas the latter concerns the requisite terms and conditions as well as qualifications of a civil servant. Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539 and Syed Badrud-ud-Din v. Government of N.-W.F.P.. PLD 1994 SC 345 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Powers of High Court to issue a writ---Scope--- High Court had a discretion to issue or not to issue a writ where case was otherwise made out for issuance of a writ on the merits of the case--Where, however, no case was made out on, merits, High Court had no jurisdiction to issue any such writ---High Court had no discretion to declare something to be without lawful authority and of no legal effect if the same was legally not so. Javed Iqbal Addam for Petitioner. Mazhar Jamil Qureshi, A.A. -G. for Respondents. Date of hearing: 13th April, 1999. JUDGMENT Upholding the impugned orders shall extinguish a lot of burning stoves and render scores of kitchens cold; maintaining the impugned orders shall snatch away bread and butter from hundreds of already underfed children; dismissing the present petitions shall add to the already alarming situation of unemployment; and dismissal of the present legal challenges shall…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492