1988 PLP (C (PLC(CS))
Syed AHMAD RAZA ZAIDI Versus DIRECTOR OF SCHOOLS and another
| Citation | 1988 PLP (C (PLC(CS)) |
| Forum / Court | Karachi High Court |
| Bench Members | Muhammad Zahoorul Haq and Abdul Razzak A. Thahim, JJ |
| Parties | Syed AHMAD RAZA ZAIDI Versus DIRECTOR OF SCHOOLS and another |
| Primary Law | (b) Constitution of Pakistan (1973), (a) Civil service. |
Q1: What are the key laws and sections cited in 1988 PLP (C (PLC(CS))?
This judgment primarily cites: (b) Constitution of Pakistan (1973), (a) Civil service. as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP (C (PLC(CS))?
The case was heard and decided by the Karachi High Court bench comprising: Muhammad Zahoorul Haq and Abdul Razzak A. Thahim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP (C (PLC(CS)) (Syed AHMAD RAZA ZAIDI Versus DIRECTOR OF SCHOOLS and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khadim Hussain for Petitioner.
Headnotes / Summary
Scale of pay--Petitioner denied scale of pay relying on rules of service--His remedy, held, lay before Service Tribunal.
Art.199 Constitutional jurisdiction--Appeal of petitioner for granting him scale of pay pending before Education Secretary and likely to be decided within 90 days and in case of non-decision petitioner was entitled to move Service Tribunal even during pendency of appeal--Interference declined in constitutional jurisdiction.
Judgment & Decree
Scale of pay--Petitioner denied scale of pay relying on rules of service--His remedy, held, lay before Service Tribunal. (b) Constitution of Pakistan (1973)
Art.199 Constitutional jurisdiction--Appeal of petitioner for granting him scale of pay pending before Education Secretary and likely to be decided within 90 days and in case of non-decision petitioner was entitled to move Service Tribunal even during pendency of appeal--Interference declined in constitutional jurisdiction. Khadim Hussain for Petitioner. MUHAMMAD ZAHOORUL HAQ, J.--The petitioner has felt aggrieved by denial of a scale of pay which is applicable to him since 1964 onward which has not been granted to him in spite of having the requisite qualification. The petitioner has placed reliance upon the rules by the Government in that regard. Since the petitioner is relying upon the rules of service, therefore, his remedy is before the Service Tribunal as the rules amount to terms and conditions of service. Therefore, the petitioner can seek his remedy in respect of the grade with the Sind Service Tribunal. As far as the promotion is concerned the impugned letter of 28th September, 1986 made the promise that his case of promotion to the post of higher School Teacher will be considered on his turn on the basis of seniority. Therefore, to this extent the petitioner cannot feel aggrieved. We are hopeful that this promise which has been made by the department in respect of the promotion of the petitioner will be made good in due course. The appeal filed by the petitioner is pending before the Educational Secretary and the same should have been decided within 90 days on 26-10-1986. However, the non-decision of the same enables the petitioner to move the Sind Service Tribunal even during the pendency of the said appeal. Let the petitioner seek his remedy before Sind Service Tribunal. This petition is, therefore, dismissed) in limine. Misc. Application is also dismissed. M.Y.H./A-247/K Petition dismissed.