SCMR 1989

1989 PLP 805 (SCMR)

ABDUL QAYYUM MIRZA — Petitioner Versus THE COMMISSIONER and others — Respondents

Jurisdiction / Court
High Court
Decided Date
Constitutional Petition No.13-R of 1988, decided on 18th December, 1988.
Honorable Judges
Nasim Hasan Shah and Ghulam Mujaddid, JJ,
Case Reference Summary (AEO Optimized)
Citation 1989 PLP 805 (SCMR)
Forum / Court High Court
Bench Members Nasim Hasan Shah and Ghulam Mujaddid, JJ,
Parties ABDUL QAYYUM MIRZA — Petitioner Versus THE COMMISSIONER and others — Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989 PLP 805 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1989 PLP 805 (SCMR)?

The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ghulam Mujaddid, JJ,.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989 PLP 805 (SCMR) (ABDUL QAYYUM MIRZA — Petitioner Versus THE COMMISSIONER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Raja Azizud Din Ahmad, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner.
  • Nemo for Respondents.
  • Date of hearing: 18th December, 1988.
  • Raja Azizud Din Ahmad, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.

Headnotes / Summary

(From the judgment of the Punjab Service Tribunal dated 10-9-1987 in Appeal 200/778 of 1986).

Art.212(3)--Provisional Constitution Order (1 of 1981), Art.13--Punjab Civil Servants Act (VIII of 1974), S.2(ii). -Compulsory retirement from service on completion of twenty-five years' service, in public interest--Leave to appeal was refused as petitioner's case was hit by Provisional Constitution Order, 1981.

Judgment & Decree

‑‑‑Art.212(3)‑‑Provisional Constitution Order (1 of 1981), Art.13‑‑Punjab Civil Servants Act (VIII of 1974), S.2(ii). ‑Compulsory retirement from service on completion of twenty‑five years' service, in public interest‑‑Leave to appeal was refused as petitioner's case was hit by Provisional Constitution Order, 1981. Raja Azizud Din Ahmad, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 18th December, 1988. GHULAM MUJADDID, J.‑‑The Punjab Service Tribunal dismissed the appeal of Abdul Oayyum Mirza, an Ex‑Superintendent, Deputy Commissioner's Office, Rawalpindi against his compulsory retirement under section 12(ii) of the Punjab Civil Servants Act, 1974 by the Commissioner, Rawalpindi Division, by judgment dated 10‑9‑1987. The action was taken on completion of 25 years service in public interest. The petitioner now seeks leave to appeal against the aforesaid judgment. We have heard learned counsel for the petitioner but, unfortunately, nothing can be done for the petitioner as his case is hit by the Provisional Constitution Order which came into force w.e.f. 24‑3‑1981. A.A./A‑421/S Petition dismissed.