| Citation(s) |
|---|
| 2003 SLG 1039 2003 SLD 1039 2003 PLC 1065 |
Lahore High Court
Writ Petition No.20073 of 2001, decision dated: 13-11-2002.
CH. IJAZ AHMAD, J
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Writ Petition No.20073 of 2001, decision dated: 13-11-2002.
CH. IJAZ AHMAD, J
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MUHAMMAD SHARIF BAJWA
VS
FEDERATION OF PAKISTAN through Chairman, Pakistan Railways Headquarters, Lahore and 4 others
Law:
Section:
(a) Constitution of Pakistan (1973)------Art. 199---Constitutional jurisdiction, exercise of---Scope---High Court has no jurisdiction to resolve disputed question of facts in Constitutional jurisdiction. Muhammad Younas Khan's case 1993 SCMR 618 fol. (b) Civil service--- ----Pension---Right of civil servant and no more bounty of the State. The Government of N.-W.F.P. v. Muhammad Said Khan and another PLD 1973 SC 514 fol. (c) Constitution of Pakistan (1973)--- ---Art. 199---Civil service---Withholding of pension of petitioner without passing any order and providing opportunity of hearing---Validity---Neither petitioner nor respondents had filed order of Competent Authority, qua withholding pension of petitioner---High Court disposed of Constitutional petition with direction to respondent to look into the matter personally and pass appropriate order within specified time after providing opportunity of hearing to all concerned including petitioner. Province of the Punjab v. Ch. Muhammad Akhtar 1986 PLC (C.S.) 1015; Syed Munir Hussain Shah v. Secretary, Livestock Dairy 1995 PLC (C.S.) 943; Muhammad Akram Butt, v. Government of Pakistan PLD 1978 Kar. 132; Rehmat Ullah v. The Secretary, Evacuee Property Trust Board 1972 SCMR 168; Muhammad Ashraf v. Dr. Muhammad Zaman and others 1994 SCMR 249; Anjuman-e-Ahmadia, Sargodha v. The D.C., Sargodha. PLD 1966 SC 639 and The Majlis-i-Intizamia v. The Secretary, Government of West Pakistan PLD 1963 SC 109 ref. Ch. Muhammad Hanif Zahid for Petitioner. Irfan Masud Sheikh, Legal Advisor for Respondents. ORDER The learned counsel of the respondents raised a preliminary objection that the petitioner did not implead F.A. & C.A.O. Headquarter Pakistan Railway Lahore as respondent, therefore, the writ petition is liable to be dismissed on this short ground alone. When the learned counsel of the petitioner is confronted with this situation, he requests orally to implead F.A. & C.A.O. as respondent. Request is allowed. F.A. & C.A.O. was impleaded as respondent No.5. 2. The petitioner has filed this writ petition with the following prayer:- "It is, therefore, humbly prayed that the present writ petition may kindly be accepted…
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