| Citation(s) |
|---|
| 2006 SLG 1589 2006 SLD 1589 2006 PLC 95 |
Lahore High Court
Writ Petition No.9249 of 2003, decision dated: 31st May, 2005.
CH. IJAZ AHMED, J
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Writ Petition No.9249 of 2003, decision dated: 31st May, 2005.
CH. IJAZ AHMED, J
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MUHAMMAD AZEEM
VS
F.D.A. and another MUHAMMAD AZEEM vs F.D.A. and another
Law:
Section:
(a) Administration of justice-------No body should be penalized by inaction of public functionaries. Ahmad Latif Qureshi's case PLD 1994 Lah. 3 ref. (b) Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)--- ----S.3---Constitution of Pakistan. (1973), Art. 199---Constitutional petition---Compulsory retirement ---Reinstatement -- Entitlement to salary---Petitioner, who was compulsorily retired from service, was reinstated by Service Tribunal, but the Authority failed to implement of Service Tribunal---Petitioner filed constitutional petition---Petitioner who was not allowed to join service in terms of of Service Tribunal, filed application and then reminders to the Authority to implement order of Service Tribunal, but in vain---On filing constitutional petition, when notice was issued to the Authorities, petitioner was reinstated in service by the Authorities after about one year of order of reinstatement passed by Service Tribunal---Petitioner claimed payment of salary to him from date he filed application for implementation of of Service Tribunal, to date he joined service after reinstatement, but the Authorities denied such claim of petitioner---Validity---Interim period was result of negligence of Authorities on basis of which petitioner could not join service---Petitioner, in circumstances was entitled to get salary of said period in terms of of Service Tribunal in view of settled principle that it was the right of petitioner to secure salaries in terms of of Service Tribunal as petitioner had not performed duties for said period due to negligence and inaction of the Authority---Constitutional petition was accepted to the extent that Authorities were directed to release salaries for the period from date of filing application by petitioner for implementation of of Service Tribunal. S. Inamul Haq v. Secretary Establishment Division 1982 Law Notes. Lah. 437 ref. (c) Constitution of Pakistan (1973)--- -----Art. 5(2)---Obeying command of Constitution---Everybody was duty bound to obey command of the Constitution. Zahoor Illahi's case PLD 1973 SC 383 ref. Muhammad Shan Gull, for Petitioner. Ali Akbar Qureshi for Respondents. ORDER CH. IJAZ AHMAD,…
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