| Citation(s) |
|---|
| 2006 SLG 1596 2006 SLD 1596 2006 PLC 110 |
Supreme Court of Pakistan
Civil Appeals Nos.694 of 1999, 584 and 1027 of 2003, decision dated: 11-05-2005. (On appeal from the judgment dated 11-3-1998/1-8-2002 and 20-11-2002 of the, Lahore High Court, Lahore passed in Writ Petitions Nos.21341/1997, 13825/02 and 15227/02).
HAMID ALI MIRZA, M. JAVED BUTTAR AND NASIR-UL-MULK, JJ
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Civil Appeals Nos.694 of 1999, 584 and 1027 of 2003, decision dated: 11-05-2005. (On appeal from the judgment dated 11-3-1998/1-8-2002 and 20-11-2002 of the, Lahore High Court, Lahore passed in Writ Petitions Nos.21341/1997, 13825/02 and 15227/02).
HAMID ALI MIRZA, M. JAVED BUTTAR AND NASIR-UL-MULK, JJ
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ASAD BASHIR
VS
CHAIRMAN BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, LAHORE and 2 others ASAD BASHIR vs CHAIRMAN BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, LAHORE and 2 others
Law:
Section:
Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)--------Ss. 20 [as amended by Punjab Boards of Intermediate and Secondary Education (Amendment) Ordinance, 1985] & 32---Constitution of Pakistan (1973), Art. 199---Constitutional petition before High Court--Maintainability---Dismissal/removal or compulsory retirement of employees of the Board---Validity---Service---Regulations framed by the Board, not having been formally approved by the Government, as required by the Act, were merely internal instructions or domestic rules having no status of statutory rules---High Court had correctly held that the rules/regulations governing the service of employees were non-statutory and, therefore, the constitutional petitions were not maintainable. Zia Ghafoor Piracha v. Chairman, Board of Intermediate and Secondary Education, Rawalpindi and others 2004 SCMR 35 ref. Mian Muhammad Nawaz, Advocate Supreme Court and Ch. Talib Hussain, Advocate-on-Record (absent) for Appellant (in Civil Appeal N,o.694 of 1999). Sh. Shahid Waheed, Advocate Supreme Court for Respondents Nos.1 and 2 (in Civil Appeal No. 694 of 1999). Raja Saeed Akram, A.A.G., Punjab for Respondent No.3 (in Civil Appeal No.694 of 1999). S.M. Tayyab, Senior Advocate Supreme Court and Ch. Mehdi Khan Mehtab Advocate-on-Record (absent) for Appellant (in Civil Appeal No.584 of 2003). Raja Saeed Akram, A.-A.G. Punjab for Respondent No.l (in Civil Appeal No.584 of 2003). Sheikh Shahid Waheed, Advocate Supreme Court for Respondent No.2. (in Civil Appeal No.584 of 2003). Ch. Shahid Saeed, Advocate Supreme Court and C.M. Lateef, Advocate-on-Record for Appellant (in Civil Appeal No.1027 of 2003). Raja Saeed Akram, A.A.-G., Punjab for Respondent No.l (in Civil Appeal 1027 of 2003). Sheikh Shahid Waheed, Advocate Supreme Court for Respondent No.2 (in Civil Appeal No. 1027 of 2003). Dates of hearing: 10th and 11th May, 2005. JUDGMENT M. JAVED BUTTAR, J.---These appeals, by leave involving identical legal issue, are being decided by this common judgment. 2. The appellants in all these three appeals, were employees of the Board of Intermediate and Secondary Education, Lahore (hereinafter referred as the…
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