Case Details

Citation(s)
2003 SLG 851 2003 SLD 851 2003 SCMR 325
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 385-K of 2002, decided on 17th July, 2002. (On appeal from judgment dated 21-2-2002, passed by the High Court of Sindh, Karachi, in Constitutional Petition No. D-641 of 2001)
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Suleman Habibullah, Additional Advocate-General, Sindh and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioners.

in person PROVINCE OF SINDH through Chief Secretary Sindh, Karachi and 4 others

VS

GUL MUHAMMAD HAJANO

Law: Civil Servants Act, 1973

Section: 8

Law: Constitution of Pakistan, 1973

Section: 185(3),199

Civil Servants Act (LXXI of 1973)--- ----S. 8---Constitution of Pakistan (1973), Arts.185(3) & 199--­Constitutional jurisdiction of High Court ---Scope---Seniority--­Implementation of summary approved by Chief Minister for protection of seniority and fixation of pay---High Court directed the authorities to implement the summary---Plea raised by the authorities was that as the matter related to terms and conditions of service, therefore, it was outside the jurisdiction of High Court---Constitutional petition filed by the civil servants was allowed on the ground that no order of Government was being called in question and only an obligation to perform its duties to pass orders within a reasonable time was being invoked---Validity---Judgment passed by High Court was based on sound valid and legal grounds and was in accordance with the law laid down by Supreme Court---No misreading, non-reading of material placed before the High Court existed and there was no misconstruction of facts and law---No question of general public importance being involved in the case leave to appeal was refused. JUDGMENT SYED DEEDAR HUSSAIN SHAH. J.-----Petitioners seek leave to appeal against judgment dated 21-2-2002, passed by the High Court of Sindh. Karachi, in Constitutional Petition No.D-641 of 2001. 2. Briefly stated the facts of the case are that respondent, who was working as District Education Officer, District East Malir, Karachi, filed Constitutional Petition No.D-641 of 2001, in the High Court of Sindh, Karachi, praying that Secretary Finance, Government of Sind/petitioner No.3, may be directed to issue the Minutes of Meetings held on 26-3-1995 and 8-3-2001; that the petitioners may be directed to enforce the minutes of the then Chief Secretary, Sindh, dated 21-8-1995 in letter and, spirit; that respondent No.3 may be directed to implement the orders of High Court in C.P. No.D-1426 of 1991, dated 7-2-1995, and allow benefit of Revision of Pay Scales of 1974 and allow Grade-19/20 to the respondent, as given to his counterparts, Principals, Government Comprehensive High School; that petitioner No.4-Director General, K.D.A., Karachi, be directed to comply with the orders of…
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