1987 PLP 804 (SCMR)
LAHORE and other‑‑Petitioners Versus Mrs. R.A.KHAWAJA‑‑Respondent
| Citation | 1987 PLP 804 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ |
| Parties | LAHORE and other‑‑Petitioners Versus Mrs. R.A.KHAWAJA‑‑Respondent |
| Primary Law | Constitution of Pakistan 1973) |
Q1: What are the key laws and sections cited in 1987 PLP 804 (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 804 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 804 (SCMR) (LAHORE and other‑‑Petitioners Versus Mrs. R.A.KHAWAJA‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Nusrat Ullah, Senior Advocate Supreme Court and Ijaz Ali Sheikh, Advocate‑ on‑Record for Petitioners
- Maqbool Ellahi Malik, Advocate Supreme Court for Respondent.
- Date of hearing: 10th February, 1987.
Headnotes / Summary
(From the judgment of the Punjab Services Tribunal, Lahore, dated 6‑3‑1982 in Case No.665/1439 of 1981). ‑‑‑Art. 212(3)‑‑Punjab Service Tribunals Act (IX of 1974), S. 4‑ Retirement from service‑‑Date of superannuation of respondent fixed by petitioner, Education Department, with reference to entry of date of birth in her Matriculation certificate‑‑Tribunal on appeal, finding that entry of date of birth in her service record would be given preference to entry in Matriculation certificate‑‑Respondent having already retired from service, petitioner‑‑Department not pressing petition for leave to appeal‑‑Petition disposed of as not pressed and, as prayed for, impugned judgment of Tribunal directed not to be treated as legal precedent.
Judgment & Decree
‑‑‑Art. 212(3)‑‑Punjab Service Tribunals Act (IX of 1974), S. 4‑ Retirement from service‑‑Date of superannuation of respondent fixed by petitioner, Education Department, with reference to entry of date of birth in her Matriculation certificate‑‑Tribunal on appeal, finding that entry of date of birth in her service record would be given preference to entry in Matriculation certificate‑‑Respondent having already retired from service, petitioner‑‑Department not pressing petition for leave to appeal‑‑Petition disposed of as not pressed and, as prayed for, impugned judgment of Tribunal directed not to be treated as legal precedent. Mian Nusrat Ullah, Senior Advocate Supreme Court and Ijaz Ali Sheikh, Advocate‑ on‑Record for Petitioners Maqbool Ellahi Malik, Advocate Supreme Court for Respondent. Date of hearing: 10th February, 1987. MUHAMMAD AFZAL ZULLAH, J.‑‑‑ This petition for leave to appeal from the judgment of Punjab Services Tribunal dated 6‑3‑1982, is not being pressed by the learned counsel for the petitioners with a prayer for an observation by this Court that the impugned judgment shall not be treated as a legal precedent for other cases. By now the respondent has retired. The date of superannuation of the respondent who was in the Education Department of the Provincial Government was being fixed with reference to the entry of date of birth in her Matriculation certificate. She brought the matter before the Provincial Services Tribunal. Her appeal was allowed on the finding that the entry of the date of birth in tier service record would be given preference to the entry in the Matriculation certificate. We find that she had sworn an affidavit (photo copy at page 28 of the record) stating that the birth entry in her Matriculation certificate was correct. When questioned with regard to the affidavit, learned counsel for the respondent after consulting her stated that she had signed and submitted the same under duress. There is no such finding by the Tribunal. Be that as it may, the prayer of the learned counsel for the petitioners, in the circumstances of this case, is reasonable. This petition is disposed of as not pressed but the impugned judgment dated 6‑3‑1982 passed by the Services Tribunal shall not be treated as legal precedent. S.Q./D‑1/S. Order accordingly.