1989 PLP 322 (SCMR)
GOVERNMENT OF PUNJAB and others‑‑petitioners Versus ABDUL SATTAR NADEEM HASHMI and others‑‑Respondents
| Citation | 1989 PLP 322 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman arid Ali Hussain Qazilbash, JJ |
| Parties | GOVERNMENT OF PUNJAB and others‑‑petitioners Versus ABDUL SATTAR NADEEM HASHMI and others‑‑Respondents |
Q1: What are the key laws and sections cited in 1989 PLP 322 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 322 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman arid Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 322 (SCMR) (GOVERNMENT OF PUNJAB and others‑‑petitioners Versus ABDUL SATTAR NADEEM HASHMI and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Khalil Ramdey, Advocate‑General Punjab and Sh. Ijaz Ali, Advocate‑on‑record (absent) for Petitioners (in Civil Petition No. 705 or 1982).
- Ch. Qamaruddin Khan Mco, Advocate‑on‑Record for Respondent (in Civil Petition .No. 765 of 1982).
- Irshad Ahmad Qureyshi, Advocate‑an‑Record and Ch. Qammaruddin Khan Meo, Advocate‑on‑Record for Petitioner (in Civil lsetitl0rt No. 781 of 1982).
- Khalil Ramdey, Advocate‑General, Punjab' for Respondents (in Civil Petition No. 781 of 1982).
- Date of hearing: 3rd August, 1988.
- Ch. Qamaruddin Khan Meo, Advocate‑on‑Record for Respondent (in Civil Petition .No. 765 of 1982).
- Irshad Ahmad Qureshi, Advocate‑an‑Record and Ch. Qammaruddin Khan Meo, Advocate‑on‑Record for Petitioner (in Civil lsetitl0rt No. 781 of 1982).
Headnotes / Summary
(From the judgment of the Punjab Service Tribunal, Lahore, dated 21;‑6‑1982, passed‑in Appeal No. 27/1636 of 1979). Punjab Service Tribunals Act (IX of 1974)‑‑ ‑‑‑S. 4‑‑Privately Managed Schools and Colleges (Taking Over) Regulation, 1972 (MLR 118). paras. 2 & 7‑‑Constitution of Pakistan (197.3). Art. 212(3)‑‑Petition for leave to appeal‑‑Petitioner, Headmaster of Nationalised school, opposing nationalisation of school and for treating him as a Primary School Teacher instead of Headmaster and prayed that the order by which said school was nationalised, be declared wrong and that he be treated as Headmaster of High School, with effect from date of his joining appointment and awarded full benefit tit pay scale and seniority amongst Headmasters‑‑Service Tribunal held that it had to jurisdiction to determine status of a school or to grant declaration regarding upgradation of institution and Fixed seniority of petitioner with effect ffoni date of nationalisation of school‑‑Substantial question of law of public insportance being involved in matter, leave to appeal granted. Province of Punjab v. Bashir Ahmad Bukhari PLD 19&2 SC 27 ref,
Judgment & Decree
ALI HUSSAIN GAZILBASH, .J.‑‑These two civil petitions bearing No. 765 of 1982 (Filed by the Government ref the Punjab) and 781 of 1982 (riled by Abdus Sattar Nadeem Hashmi) arc directed against the same judgment of the Punjab Service Tribunal, Lahore, dated 28‑6‑1982, delivered in the appeal filed by Abdus Sattar Nadeem Hashmi.
2. Abdus Sattar Nadeem Hashmi had filed an appeal under section 4 of the Punjab Service Tribunal Act, 1974, praying that the order dated 27‑9‑1972, whereby the Achha Madrasa, Bahawalpur, was nationalised as a Primary School, be declared wrong and also the orders/notifications which have been issued by the respondents in pursuance of Rules of 1974 or even earlier treating/showing Abdus Sattar Nadeem Hashmi as a Primary School teacher or even as Senior English Teacher be set aside and that he be declared to be the Headmaster of a High School from 1‑10‑1972 with date of continuous appointment from 6‑9‑1963 with full benefit of pay scale and seniority among Headmasters. In the alternative it was prayed that if' the Rules of 1974 arc not declared to be void, then the Department concerned be directed to appoint him as Senior English Teacher with effect from 1‑10‑1974 with the benefit of seniority as provided for in the Rules and also be given a due place in the seniority list.
3. The matter was considered by the learned Tribunal which after hearing the parties held that it has no jurisdiction to determine the status of the school or to grant declaration regarding upgradation of the institution, but while doing so fixed the pay of Alxlus Sattar Nadeem Hashmi al Rs. 495 (total emoluments) per month with effect from the (late of nationalisation of the Madrasa.
4. We have heard the learned counsel for the parties. Both the parties, relying on Province of Punjab v. Bashir Ahmad Bukhari PLD 1982 SC 27, have questioned the propriety of the order of the Tribunal. Since a stfbstantia) question of law of public importance is involved, we grant leave in both‑the petitions. M.Y.H./G‑138/S ??????????????????????????????????????????????????????????????????? ??????????? Leave granted.