2000 PLP (C (PLC(CS))
NISHTAR COLLEGE FOR GIRLS, LAHORE Versus SECRETARY, GOVERNMENT OF THE PUNJAB,
| Citation | 2000 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Malik Muhammad Qayyum, J |
| Parties | NISHTAR COLLEGE FOR GIRLS, LAHORE Versus SECRETARY, GOVERNMENT OF THE PUNJAB, |
| Primary Law | Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2000 PLP (C (PLC(CS))?
This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Malik Muhammad Qayyum, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP (C (PLC(CS)) (NISHTAR COLLEGE FOR GIRLS, LAHORE Versus SECRETARY, GOVERNMENT OF THE PUNJAB,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Shahid Iqbal for Respondent No. 1.
- Ali Ahmed Awan for Respondent No.3.
- Zaka-ur-Rehman Awan for Respondents Nos.7 and 8.
- Date of hearing: 281h October, 1999.
- Zaka‑ur‑Rehman Awan for Respondents Nos.7 and 8.
Headnotes / Summary
S. 2-A
Constitution of Pakistan (1973), Arts. 199 & 212
Seniority-- Constitutional petition
Petitioner/civil servant in her Constitutional petition had challenged seniority list prepared by Department in which she was shown junior to co-civil servants
Dispute raised in Constitutional petition pertained to terms and conditions of service of petitioner who being employee of educational institution set up under Federal law was civil servant
Cons1tutional petition filed by petitioner/civil servant was not maintainable as matter could be decided by Service Tribunal only under Art. 212 of the Constitution. Petitioner in person.
Judgment & Decree
This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed by Mst. Surryia Annes, Principal, Nishtar College for Girls, Ferozpur Road, Lahore, in which she had challenged the seniority list prepared by the respondents Nos. l to 3 showing to be junior to the other respondents.
2. A preliminary objection has been raised by learned counsel for the respondent No.3 as regards maintainability of this petition on the strength of Article'212 of the Constitution read with section 2‑A of the Federal Service Tribunals Act, 1973 as amended by the Service Tribunals Amendment Act, 1997. Section 2‑A of the Federal Service Tribunals Act reads as under:‑‑ "Service under certain corporation etc. to be service of Pakistan.‑‑‑ Service under any authority, corporation, body or organization established by or under a Federal Law or which is owner or controlled by the Federal Government or in which the Federal Government has controlling share: or interest is hereby declared to be service of Pakistan and every person holding a post under such authority, corporation, body or organization shall be deemed to be a civil servant for the purposes of this Act." From the above it is clear that service under any authority, corporation, body or organization which has been set up by or under Federal Law has been declared as service of Pakistan and its employees shall be considered as civil servants. In the present case the petitioner and respondents Nos.3 and 8 are employees of Pakistan Workers Children Educational Institution set up under section 6 of the Workers Children (Education) Ordinance, 1972 which is a Federal Law, and as the dispute pertains to terms and conditions of service, this petition is not maintainable as this Court lacks jurisdiction.
3. In this view of the matter, this petition is dismissed as being barred by Article 212 of the Constitution. H.B.T./S‑41/L Petition dismissed.