1981 (PLP)

ANWARUL HAQ, C. J.-This order will dispose of Civil Appeals bearing Nos. 16 to 22 of 1977 and Civil Petitions for leave to appeal bearing Nos. 473, 526, 536 and 562 of 1977, all of which raise almost identical questions of law and fact regarding the terms and conditions of Principals, Head Masters and Head Mistresses of nationalised colleges and schools in terms of Martial Law Regulation No. 118 promulgated on 1st April, 1972.

2. The appellants/petitioners in these cases are aggrieved by the Rules promulgated by the Governor of the Punjab on the 26th of September, 1974, under paragraph 13 of the aforesaid Regulation. A learned Single Judge of the Lahore High Court, by his judgment dated the 21st July, 1975, has taken the view that the petitions were not competent as they were hit by the bar contained in Article 212 of the Constitution, inasmuch as the matters sought to be raised by the petitioners/appellants related to the terms and conditions of their service, which were amenable to the jurisdiction of the appropriate Services Tribunal established under the Punjab Administrative Tribunals Act, 1974 read with the relevant provisions of the Punjab Civil Servants Act, 1974. This view has been upheld by a Division Bench of the same High Court, although on somewhat different grounds, by its judgment dated the 14th of October, 1976.

3. Substantial questions of law relating to the interpretation of the relevant provisions of the Constitution as well as of the relevant paragraphs of Martial Law Regulation 118 were raised in these matters before us, and have been argued for the last three days. However during the course of arguments, the learned counsel appearing for the appellants/ petitioners, have decided to take these matters to the appropriate Services Tribunal in terms of the decision rendered by the High Court. They have, accordingly, expressed a desire to withdraw these appeals/petitions, but have at the same time made a request that an order be made by this Court so as to preserve the present status and emoluments of the appellants/petitioners until such time as they are able to approach the Services Tribunal for necessary relief in this behalf.

4. On behalf of the respondents the prayer for interim relief has been opposed mainly on the ground that the appellants/petitioners have succeeded in maintaining their positions during the last six years in spite of the best efforts of the Provincial Government to nationalise the integrated cadres of these nationalised institutions. Some of the respondents have personally addressed the Court in support of their submission that they have suffered great financial loss owing to the grant of interim stay orders by one Court or the other in favour of the appellants/petitioners.

5. After bearing the learned counsel for both sides as well as the individuals who wished to address the Court, we are of the view that there can be no objection to permitting the appellants/petitioners to withdraw these matters so as to approach the appropriate forum, namely, the Punjab Services Tribunal. We would, accordingly, permit these matters to be withdrawn, with no orders as to costs.

6. We also consider that it is in the fitness of things that the present status and emoluments of the appellants/petitioners ought to be maintained until such time as the Services Tribunal is able to pass orders on their prayer for interim relief. It is necessary to fix an appropriate time limit in this behalf. We, accordingly, direct that the appellants/petitioners shall file the necessary appeals before the Services Tribunal within one month from today along with any application for interim relief, if so advised. Until the disposal of the applications, for interim relief by the Services Tribunal, their present status and emoluments shall be maintained. It goes without saying that in view of the delay which has already taken place in the disposal of these matters in the Courts of law the Services Tribunal shall proceed to decide the question of interim relief expeditiously. It is also made clear that the Services Tribunal is not to be influenced in this behalf by anything said in this order.