1992 PLP (C (PLC(CS))
MUHAMMAD SARFARAZ and 5 others Versus GOVERNMENT OF PAKISTAN and 13 others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Malik Muhammad Qayyum, J |
| Parties | MUHAMMAD SARFARAZ and 5 others Versus GOVERNMENT OF PAKISTAN and 13 others |
| Primary Law | (a) Constitution of Pakistan (1973), (d) Constitution of Pakistan (1973), (c) Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (a) Constitution of Pakistan (1973), (d) Constitution of Pakistan (1973), (c) Punjab Service Tribunals Act (IX of 1974), (b) Pakistan Engineering Council Act (V of 1976) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 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: 1992 PLP (C (PLC(CS)) (MUHAMMAD SARFARAZ and 5 others Versus GOVERNMENT OF PAKISTAN and 13 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Muhammad Sarwar for Petitioners.
- Ch. Fazal-e-Hussain for Respondents Nos. 1 to 5.
- Abid Hassan Minto for Respondent No. 6.
- S.M. Zafar and Zahid Hussain for Respondents Nos. 7, 8 and 10 to 14.
- Hamid Khan for Respondent No. 9
- Date of hearing: 28th October, 1991.
Headnotes / Summary
Art. 212
Bar of jurisdiction of High Court--Crux of dispute between parties was as to whether respondents civil servants who did not possess recognised Engineering qualifications and had not been registered as Professional Engineers, were entitled to be promoted to posts in BPS-18, which involved performance of "Professional Engineering work"
Such dispute related to eligibility of civil servants to be promoted and was clearly covered by Art. 212 of the Constitution barring jurisdiction of High Court to adjudicate such matter.
S. 2
Dispute between parties was that respondent civil servants having not been registered as Professional Engineers whether were/were not entitled to be promoted- to posts in BPS-18, which involved performance of professional engineering works
Such dispute related to eligibility of civil servants to be promoted and was within exclusive jurisdiction of Service Tribunal. Superintendent of Police Headquarters, Lahore and 2 others v. Muhammad Latif PLD 1988 SC 387 and Abdul Wahab Khan v. Government of Punjab and 3 others 1989 PLD SC 508 rel.
S.5
Pakistan Engineering Council Act (V of 1976), S. 2
Interpretation of law by Service Tribunal falls within ambit of its powers
Service Tribunal, while considering question of eligibility for promotion could interpret the law applicable and give effect to it
Service Tribunal could examine even validity and vires of rules applicable. Iqan Ahmad Khurram v. Government of Pakistan and others PLD 1980 SC 153 rel.
Arts. 199 & 212
Matter related to promotion of civil servants
Constitutional petition was not maintainable in view of bar of jurisdiction
Service Tribunal had exclusive jurisdiction to adjudicate such matter.
Judgment & Decree
(c) Punjab Service Tribunals Act (IX of 1974)
S.5
Pakistan Engineering Council Act (V of 1976), S. 2
Interpretation of law by Service Tribunal falls within ambit of its powers
Service Tribunal, while considering question of eligibility for promotion could interpret the law applicable and give effect to it
Service Tribunal could examine even validity and vires of rules applicable. Iqan Ahmad Khurram v. Government of Pakistan and others PLD 1980 SC 153 rel. (d) Constitution of Pakistan (1973)
Arts. 199 & 212
Matter related to promotion of civil servants
Constitutional petition was not maintainable in view of bar of jurisdiction
Service Tribunal had exclusive jurisdiction to adjudicate such matter. Rana Muhammad Sarwar for Petitioners. Ch. Fazal-e-Hussain for Respondents Nos. 1 to
5. Abid Hassan Minto for Respondent No.
6. S.M. Zafar and Zahid Hussain for Respondents Nos. 7, 8 and 10 to
14. Hamid Khan for Respondent No. 9 Date of hearing: 28th October, 1991.