Case Details

Citation(s)
2006 SLG 1607 2006 SLD 1607 2006 PLC 179
Lahore High Court
Writ Petition No. 1896 of 2005, decision dated: 10-10-2005.
FAZAL-E-MIRAN CHAUHAN, J

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MUMTAZ ALI

VS

SECRETARY, COMMUNICATION AND WORKS DEPARTMENT, GOVERNMENT OF PUNJAB, LAHORE and another MUMTAZ ALI vs SECRETARY, COMMUNICATION AND WORKS DEPARTMENT, GOVERNMENT OF PUNJAB, LAHORE and another

Law:

Section:

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)-------Ss.3, 5, 7 & 14B---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Implementation of order---Petitioner was compulsorily retired from service, but Service Tribunal, on filing appeal set aside order of compulsory retirement and reinstated the petitioner in service---Department did not challenge said of Service Tribunal before Supreme Court, nor implemented the orders passed by Service Tribunal---Petitioner filed Constitutional petition before High Court and High Court directed the Department to implement order of Service Tribunal according to which the period in which petitioner remained out of service was treated as leave of due kind---Department implemented order to the extent of giving joining of petitioner, but salary of intervening period was not paid to petitioner---Petitioner in the constitutional petition had sought direction in the name of respondent Authority to pay salaries as directed earlier by Service Tribunal in its ---Petitioner also impugned show-cause notice/statement of allegations/Inquiry letter---Preliminary objection of department regarding maintainability of constitutional petition to the effect that High Court had no jurisdiction to give direction to implement of Service Tribunal, had no force because High Court had jurisdiction to direct to implement/comply with order/direction issued by Service Tribunal---Constitutional petition to that extent, was accepted and department was directed to implement of Service Tribunal and pay salaries within specified period-.Constitutional petition pertaining to declare show-cause notice issued by department, to, be illegal, null, void and violative of law, however, was not maintainable as said question pertained to terms and conditions of service---Petitioner could seek his remedy against same by filing appeal before Service Tribunal. Mrs. Monawar Salmi v. Director Army Education 1991 SCMR 135; Inamul Haq v. Secretary Establishment Division 1982 Law Notes Lah. 437; Khalid Mehmood Inspector v. Inspector General Police 1999 PLC (C.S) 558;…
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