2003 PLP (C (PLC(CS))
SAEED ULLAH, LINE SUPERINTENDENT-I Versus THE CHIEF EXECUTIVE LESCO LTD and other
| Citation | 2003 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas and Tanvir Ahmed Khan. JJ |
| Parties | SAEED ULLAH, LINE SUPERINTENDENT-I Versus THE CHIEF EXECUTIVE LESCO LTD and other |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2003 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas and Tanvir Ahmed Khan. JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP (C (PLC(CS)) (SAEED ULLAH, LINE SUPERINTENDENT-I Versus THE CHIEF EXECUTIVE LESCO LTD and other). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Mahmood Hussain, Advocate Supreme Court and Faiz-ur -Rehman, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 3rd July, 2002.
Headnotes / Summary
(On appeal from the order of Lahore High Court Lahore passed on 4-3-2002 in Writ Petition No. 1294 of 2002).
Arts. 199 & 212
Service Tribunals Act (LXX of 1973), S.4-- Constitutional petition
Compulsory retirement from service
High Court disposed of Constitutional petition with direction to Authority to dispose of appeal /representation of civil servant within specified time
Validity-- Authority had dismissed appeal filed civil servant
High Court had not committed any illegality in directing civil servant to avail remedy provided under law
Subject-matter of dispute related to terms and conditions of service, which in view of Art. 212 of the Constitution squarely tell within jurisdiction of Service Tribunal- --Supreme Court dismissed petition and refused leave.
Judgment & Decree
TANVIR AHMED KHAN, J.
Leave to appeal is sought against the judgment, dated 4-3-2002, whereby Leave to appeal is sought against of with the direction that the petitioner would be at liberty to see remedy available to him under the law. Facts briefly are that the petitioner who was a Line Superintendent Sharaqpur Sub-Division, was removed from who was whereupon he filed an appeal before the Federal Service Tribunal, which was accepted vide judgment 31-7-2001. The removal order dated 20-4-1999 was set aside and the petitioner was directed to be re-instead in service subject to de novo proceedings within a period of six months. The matter of arrears of pay and allowances for the intervening period was to follow the result of de novo proceedings. Another order was passed on 29-12-1999, whereby he was compulsorily retired from service. Petitioner filed writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan for seeking implementation of the order, dated 31-7-2001 of the Federal Service Tribunal qua his reinstatement with a further prayer that his compulsory retirement order, dated 29-12-1999 be declared without awful authority and of no legal effect. A learned Single Judge has disposed of the aforesaid writ petition directing the petitioner to approach the competent forum for, redressal of his grievance. Hence, this petition for leave to appeal. We have considered the contentions of the learned counsel and have gone through the documents appended with this petition. We have noticed and the same is also reflected from the impugned order that the petitioner filed an appeal/representation against the order of his compulsory retirement, dated 29-12-1999 before respondent No.4, Managing Director Power, WAPDA. The learned Judge, as reflected from the impugned judgment, directed the respondent No.4 to dispose of the appeal /representation of the petitioner within a fortnight on merits. The learned counsel for the petitioner, on our query, informed us that the said appeal has been dismissed by respondent No.4. In the circumstances of this case no illegality was committed by the learned Single Judge of the Lahore High Court in disposing of the writ petition directing the petitioner to avail remedy provided under the law. The subject-matter of the present dispute relates to a term and condition. The subject-matter of this petition in view of the bar placed by Article 212 of the Constitution of Islamic Republic of Pakistan squarely falls within the jurisdiction of the Service Tribunal constituted under the law. Learned counsel has failed to point out any illegality in the impugned order warranting inference by this Court. Accordingly this petition is dismissed and leave is refused. S.A.K./230/S Leave refused.