P L D 2009 Lahore 522 (PLP)
MUHAMMAD IQBAL KHOKHAR — Petitioner Versus GOVERNMENT OF PUNJAB and others — Respondents
| Citation | P L D 2009 Lahore 522 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | MUHAMMAD IQBAL KHOKHAR — Petitioner Versus GOVERNMENT OF PUNJAB and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in P L D 2009 Lahore 522 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2009 Lahore 522 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2009 Lahore 522 (PLP) (MUHAMMAD IQBAL KHOKHAR — Petitioner Versus GOVERNMENT OF PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ashfaq Qayyum Cheema for Petitioner.
Headnotes / Summary
Art. 199
Constitutional jurisdiction of High Court
Scope
High Court, under its constitutional jurisdiction, makes declarations of law and issues directions based thereon and it is inappropriate in the exercise of such jurisdiction to dissect the minute details of pronouncements made by another competent Tribunal in order to ensure that obligations cast upon the parties before the Tribunal are performed precisely by them
Such consideration and scrutiny for implementation lies in the province of the Tribunal itself
Judgment & Decree
UMAR ATA BANDIAL, J.
The principal grievance of the petitioner is that the respondents are not implementing in letter and spirit the judgment given in his favour on 27-7-2005 by the learned Punjab Service Tribunal. The learned Tribunal has thereafter on 20-7-2007 reiterated its point of view given in the judgment and directed respondents to faithfully implement the same. In answer to the notice of this Court the respondents filed parawise comments that claim the implementation of the judgment but in the case of the petitioner state their difficulty in having a combined seniority list claimed by the petitioner on account of two cadres of nationalized teaching staff maintained by the respondent-Department pursuant to the judgment of the Hon'ble Supreme Court dated 27-2-1994 passed in Civil Appeal No.2149 of 2004.
2. Learned counsel for the petitioner submits that the respondent is ignoring the repeated direction of the learned Punjab Service Tribunal and hence seeks an order of this Court enforcing those directions. The record of the case shows that the matter has been dealt with squarely by the learned Punjab Service Tribunal. No question of law arises for determination by this Court which is being asked to act as an executing Court for the learned Tribunals judgment. The learned Tribunal is created by law, its judgments have legal effect and these bind the parties before it. The learned Tribunal is itself the best forum to determine whether its judgment has been implemented fully or only partially by the respondents. This Court makes declarations of law in the exercise of its constitutional jurisdiction and issues, directions based thereon. It is inappropriate in the exercise of such jurisdiction to dissect the minute details of pronouncements made by another competent Tribunal in order to ensure that obligations cast upon the parties before the learned Tribunal are performed precisely by them. Such consideration and scrutiny for implementation lies in the Province of the learned Tribunal itself.
3. This petition is disposed of with the foregoing observations. M.B.A./M-274/L???????????????????????????????????????????????????????????????????????????????? Order accordingly.