Case Details

Citation(s)
2005 SLG 1283 2005 SLD 1283 2005 SCMR 1059
Supreme Court of Pakistan
Civil Petition No. 157 L of 2003, decision dated: 27-02-2003
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ

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SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF THE PUNJAB, Lahore High Court and others ers

VS

. Dr. FAZAL UR REHMAN --Respondent

Law:

Section:

Punjab Service Tribunals Act (IX of 1974) -- S.4 Constitution of Pakistan (1973), Art.212(3) Order passed by Service Tribunal, non compliance of Authorities failed to decide representation of civil servant within two months as directed by Service Tribunal Period during which the representation of civil servant remained pending was declared by the authorities to be extra ordinary leave without pay Service Tribunal allowed appeal and declared that the civil servant was entitled to full pay for the period; Validity Civil servant could not be made to suffer for inaction and inordinate delay on the part of authorities to take a decision on the matter of transfer in time Authorities ought to have suspended the operation of their earlier order accordingly No legal infirmity was found in the passed by Service Tribunal No question of ,law of public importance was involved in the petition so as to warrant interference under Art.212(3) of the Constitution Leave to appeal was refused. Aziz Ahmad Chughtai, Advocate Supreme Court and Rao Muhammad. Yousaf Khan, Advocate on Record for Petitioners. Hafiz Tariq Nasim, Advocate Supreme Court and Tanvir Ahmed, Advocate on Record for Respondent. Date of hearing: 27th February, 2003. ORDER FAQIR MUHAMMAD KHOKHAR, J. ----This petition is directed against judgment, dated 9 10-2002 passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal) in Appeal No. 1325 of 2002. 2. The respondent, while serving as Medical Officer, Basic Health unit, Khanpur, District Sheikhupura, was transferred on 28 8 1997 for posting in Bahawalpur Division. He filed Service Appeal No.3507 of 1997 before the Tribunal which was disposed of, on 1 11 1997. The case was remanded to the petitioner No.1 for passing final orders within a period of two months and the respondent was allowed to remain at Khanpur till then. The petitioner No.1, issued an order, dated 12 1 2002 whereby the respondent was transferred to the Government Nawaz Sharif Hospital, Yakki Gate, Lahore. The intervening period from 1 1 1998 till the joining of his new assignment was treated to be extraordinary leave without pay. The Appeal No. 1325 of 2002 of the respondent…
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