2004 PLP (C (PLC(CS))
PROVINCE OF PUNJAB, through SECRETARY EDUCATION, CIVIL SECRETARIAT, LAHORE and others Versus SHAMSHAD BEGUM
| Citation | 2004 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal and Falak Sher, JJ |
| Parties | PROVINCE OF PUNJAB, through SECRETARY EDUCATION, CIVIL SECRETARIAT, LAHORE and others Versus SHAMSHAD BEGUM |
Q1: What are the key laws and sections cited in 2004 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal and Falak Sher, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP (C (PLC(CS)) (PROVINCE OF PUNJAB, through SECRETARY EDUCATION, CIVIL SECRETARIAT, LAHORE and others Versus SHAMSHAD BEGUM). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Raja Abdul Rahman, A.A.G. Punjab and Mian Abdul Qayyum Anjum, Advocate‑on‑Record for Petitioners.
- C.M. Aslam, Advocate Supreme Court for Respondent.
- JAVED IQBAL, J.‑‑‑In matters concerning terms and conditions of a civil servant an adequate and efficacious remedy is available in which Service Tribunal as constituted under Article 212 of the Constitution of Islamic Republic of Pakistan could be approached for the A redressal of any grievance qua terms and conditions of service. The Constitutional jurisdiction as conferred upon the High Court under Article 199 of the Constitution can only be invoked in exceptional circumstances which are lacking in this case. In view of the said well entrenched legal position the prime contention of Raja Abdur Rahman, learned Assistant Advocate General Punjab is not without substance that learned High Court had no jurisdiction to dilate upon and decided such service matters.
Judgment & Decree
JAVED IQBAL, J.‑‑‑In matters concerning terms and conditions of a civil servant an adequate and efficacious remedy is available in which Service Tribunal as constituted under Article 212 of the Constitution of Islamic Republic of Pakistan could be approached for the A redressal of any grievance qua terms and conditions of service. The Constitutional jurisdiction as conferred upon the High Court under Article 199 of the Constitution can only be invoked in exceptional circumstances which are lacking in this case. In view of the said well entrenched legal position the prime contention of Raja Abdur Rahman, learned Assistant Advocate General Punjab is not without substance that learned High Court had no jurisdiction to dilate upon and decided such service matters.
2. Mr. C.M. Aslam, learned counsel on behalf of respondent when confronted with the provisions as enumerated in Article 212 of the Constitution could not furnish any plausible justification for invocation of the Constitutional jurisdiction.
3. In sequel to the foregoing discussion this petition is converted into appeal and accepted. The impugned order is set aside with the direction that matter concerning appointment of Mst. Shamshad Begum (respondent) shall be deemed to have been pending before the department which will be decided in accordance with law on merits and after affording proper opportunity of hearing. The appeal is disposed of in above terms. M.H./P‑15/S Order accordingly.