| Citation(s) |
|---|
| 2002 SLG 1764 2002 SLD 1764 2002 PLC 363 |
Lahore High Court
Writ Petitions Nos. 7744 and 7528 of 2000, heard on 4-05-2001.
AMIR ALAM KHAN, J
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Writ Petitions Nos. 7744 and 7528 of 2000, heard on 4-05-2001.
AMIR ALAM KHAN, J
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Sheikh TARIQ MEHMOOD, PRIVATE SECRETARY, LAHORE HIGH COURT, LAHORE
VS
ACCOUNTANTGENERAL, PUNJAB, LAHORE
Law:
Section:
(a) Constitution of Pakistan (1973)-------Arts. 2A & 175---Objectives Resolution---Independence of judiciary--- Officers and servants of High Court---Status of---Officers and servants of High Court cannot be equated with civil servants, otherwise employed by Government---While giving the separate status to the employees of High Court the mandate of Art. 175 of the Constitution and the command in the Objectives Resolution which is a substantive part of the Constitution, regarding independence of judiciary has been kept in mind. Sharaf Faridi and 3 others v. The Federation of Islamic Republic of Pakistan through Prime Minister of Pakistan and another PLD 1989 Kar. 404 ref. (b) Constitution of Pakistan (1973)--- ----Art. 208---Officers and servants of Courts---Provisions of An.208 of the Constitution---Object and scope---Object of Art. 208 of the Constitution is that as far as possible the judiciary should be free from interference in its affairs by the executive. Mst. Nusrat Elahi and others v. Registrar, Lahore High Court, Lahore and others 1991 MLD 2516 ref. (c) High Court Establishment (Appointment and Conditions of Service) Rules, 1974--- ---R. 14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Withdrawal of advance increment---Power of Accountant-General---Locus poenitentiae, principle of---Applicability---Petitioners were employees of High Court and they had to undergo a competitive test thereby showing their efficiency in type writing and shorthand and on basis thereof the petitioners were selected and at the time of their employment they were either Matric or F.A.---Petitoners were not possessed of higher qualification at the relevant time while they did improve their qualification during the course of their service---Four advance increments were recommended to such employees by the Chief Justice---Accountant-General withdrew the increments awarded to the petitioners although the same were recommended by the Chief Justice---Validity---Basic qualification being graduate was introduced much later than the original notification issued in that regard and that the increments which were granted pursuant to the original notification…
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