1987 PLP 719 (SCMR)
PROVINCE OF PUNJAB through Collector‑‑Petitioner Versus MUHAMMAD IQBAL QURESHI and others‑‑Respondents
| Citation | 1987 PLP 719 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Mian Burhanuddin Khan |
| Parties | PROVINCE OF PUNJAB through Collector‑‑Petitioner Versus MUHAMMAD IQBAL QURESHI and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑ |
Q1: What are the key laws and sections cited in 1987 PLP 719 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 719 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Mian Burhanuddin Khan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 719 (SCMR) (PROVINCE OF PUNJAB through Collector‑‑Petitioner Versus MUHAMMAD IQBAL QURESHI and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Nusratullah, Senior Advocate Supreme Court and R. Muhammad Yusuf, Advocate‑ on‑Record (absent) for Petitioner.
- Nemo for Respondents.
- Date of hearing: 1st February, 1987.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Bahawalpur Bench 13‑2‑1985 passed in Civil Revision No. 150 of 1981). ‑‑‑Art. 212(3)‑‑Punjab Service Tribunals Act (IX of 1974), Ss. 3 & 4‑‑Jurisdiction‑‑Leave to appeal granted to consider inter alia following questions of public importance‑‑ Whether civil Courts had no jurisdiction to adjudicate upon matter involved; whether finding of High Court that civil Court had jurisdiction to try suit was correct and in consonance with provisions of Ss. 3 & 4 of Act (IX of 1974), Whether High Court had rightly decided that finding of appellate Court that civil Court had no jurisdiction was wrong and as such could not be sustained; whether finding of High Court that District Judge was not right in holding that because petitioners had not passed departmental examination, they were not entitled to retain N.P.S.‑16 was correct.
Judgment & Decree
MIAN BURHANUDDIN KHAN, J.‑‑ By this petition leave is sought to appeal against the judgment and order of a learned single Judge of the Lahore High Court, Bahawalpur Bench, dated 13‑2‑1985 passed in Civil Revision No.150/1981/BWP on that following questions (1) whether the civil Court has no jurisdiction to adjudicate upon the matter involved in the suit out of which the present petition for Leave to Appeal has arisen (2) whether the finding of the learned High Court that the Civil Court had the jurisdiction to try the suit, is correct and is in consonance with the provisions of sections 3 and 4 of the Punjab Service Tribunal Act, 1974 (3) whether the learned High Court has rightly decided that the finding of the learned Appellate Court that the Civil Court had no jurisdiction and as such cannot be sustained; (4) whether the finding of the learned High Court Judge that the learned District Judge was not right in holding that because the petitioners had not passed the departmental examination, therefore, they were not entitled to retain N.P.S.‑16, is correct.
2. We have considered the points raised, and find the same of public importance. Leave granted to consider inter alia the points raised by the learned counsel. To be heard on the present record with liberty to the parties to file additional documents, if so desired. Operation of the impugned order suspended meanwhile. M. I./P‑4/S Leave granted.