Case Details

Citation(s)
2007 SLG 1449 2007 SLD 1449 2007 SCMR 1593
Supreme Court of Pakistan
Civil Petitions Nos.1622 to 1632-L of 2006, decision dated: 6-09-2006
SAIYED SAEED ASHHAD AND CH. IJAZ AHMED, JJ
Hafiz Tariq Nasim, Advocate Supreme. Court with Tanvir Ahmad, Advocate-on-Record for Petitioners. Ch. M. Sadiq, Additional Advocate-General for
Respondents (oil Courts call)

ABDUL HAMEED and otherss

VS

SPECIAL SECRETARY, EDUCATION (SCHOOLS), GOVERNMENT OF PUNJAB and others

Law:

Section:

Constitution of Pakistan (1973) --- ----Arts. 212(3) & 189---Punjab Service Tribunals Act (IX of 1974), S.4---Impugned order of Service Tribunal had shown that Service Tribunal appeared to be in great haste in disposing of appeal and did not advert to the very material points/questions which were required to be considered in deciding appeals justly and' fairly---Service Tribunal did not bother to look into the judgments and orders of Supreme Court and issues involved in appeals, which was violation of Art.189 of " the" Constitution which required that judgment of Supreme Court was binding on, all the .Courts and Tribunals---Petitions for leave to appeal were converted into appeals and were allowed---Impugned orders of the Tribunal were set aside and case was remanded to the Service Tribunal for fresh decision alter taking into consideration the grounds mentioned in the memo of the appeal. JUDGMENT SAIYED SAEED ASHHAD, J. --- These petitions for leave to appeal have been filed against order dated 10-7-2006 of Punjab Service Tribunal, Lahore (hereinafter referred to as the "Tribunal") in Appeals Nos.1644 to 1654 of 2006 dismissing the aforesaid appeals in limine. As common questions of facts and law are involved in these petitions, therefore, the same are disposed of by this single judgment. 2. Hafiz Tariq Naseem, learned Advocate Supreme Court appearing on behalf of the -Petitioners has attacked the judgment and advanced the following grounds in support of the -Petitioners- (i) that the correct decision of the appeals filed by the -Petitioners before the Tribunal could only have been arrived at after calling for the comments from the concerned department; (ii) that the Tribunal had decided the appeals in a hasty, arbitrary and fanciful manner without taking into consideration the grounds mentioned under the heading "Grounds" in the memo of appeal especially grounds at C, D and E and discussing the merits of the appeals; (iii) that the Tribunal tailed to take note of the fact that the -Petitioners could not be forced to accept service conditions contrary to the provisions of section 16 of the Punjab Civil Servants Act, 1974 (hereinafter referred to as the…
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