Law:

Section:

Constitution of Pakistan (1973)-------Arts. 5 & 199---Civil service---Constitutional petition ---Competency--­Order passed by Service Tribunal whereby civil servant was found entitled to be treated as permanently absorbed in Department from specified date and his seniority to be counted accordingly, having not been implemented by Authority, civil servant had filed Constitutional petition praying that Authority be directed to implement order passed by Service Tribunal--­Constitutional petition was challenged by Authority on ground that it being a service matter same could not be agitated by way of Constitutional petition--­Validity---No appeal having been filed by Authority against order passed by Service Tribunal, non-implementation of orders of Service Tribunal which had attained finality, amounted to frustrate mandate of Constitution of Pakistan (1973)---Rights of civil servant with regard to his terms and conditions had already been determined by Service Tribunal and only relief claimed by civil servant was to give effect to said adjudication of Service Tribunal, obedience to which was obligation of every citizen including Authority---Authority was bound to implement orders of Service Tribunal and grant relief to civil servant in letter and spirit as per of Service Tribunal---Contention that Constitutional petition was incompetent, was repelled and High Court accepting same, directed Authority to implement orders passed by Service Tribunal accordingly. Muhammad Anwar v. Principal Secretary to the Prime Minister of Pakistan, Islamabad and another 1994 PLC (C.S.) 913 and S. Inamul Haq v. The Secretary, Establishment Division, Government of Pakistan 1983 CLC 1954 ref. Ch. Abdul Qayyun for Petitioner. Malik Muhammad Kabir, A.A.-G. for Respondents. Date of hearing: 8th July, 1998. JUDGMENT Briefly stated the facts are that petitioner Khalid Mehmood was Sub-Inspector in the F.S.F. which was disbanned on 1-12-1977. Like many his colleagues, he was also absorbed in the Punjab Police in accordance with the C.M.L's. Order passed in respect of the absorption of such persons. According to the said C.M.L.A's. Order, the absorption was declared to be on permanent…

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