PLC(CS) 1993

1993 PLP (C (PLC(CS))

Mirza ABDUL LATIF Versus MEDICAL SUPERINTENDENT and 3 others

Jurisdiction / Court
Lahore High Court
Decided Date
W.P. No. 3805 of 1992, decided on 29th November, 1992.
Honorable Judges
Ausuf Ali Khan, J
Case Reference Summary (AEO Optimized)
Citation 1993 PLP (C (PLC(CS))
Forum / Court Lahore High Court
Bench Members Ausuf Ali Khan, J
Parties Mirza ABDUL LATIF Versus MEDICAL SUPERINTENDENT and 3 others
Primary Law Punjab Service Tribunals Act (IX of 1974)‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1993 PLP (C (PLC(CS))?

This judgment primarily cites: Punjab Service Tribunals Act (IX of 1974)‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1993 PLP (C (PLC(CS))?

The case was heard and decided by the Lahore High Court bench comprising: Ausuf Ali Khan, J.

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

Cite this legal precedent as: 1993 PLP (C (PLC(CS)) (Mirza ABDUL LATIF Versus MEDICAL SUPERINTENDENT and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Punjab Service Tribunals Act (IX of 1974)‑‑

Representation

  • Tariq Muhammad Iqbal for Petitioner.
  • Date of hearing: 29th November, 1992.

Headnotes / Summary

‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Arts. 199 & 212‑‑‑Terms and conditions of service‑‑‑Ouster of jurisdiction of High Court‑‑‑Exclusive jurisdiction vesting in Service Tribunal‑‑‑Petitioner seeking through Constitutional petition under Art 199, Constitution of Pakistan (1973), direction to Authority to promote him and to prepare promotion list for circulation in the office concerned‑‑‑Held, since transfers/promotions touch the terms and conditions of service to be exclusively determined by Service Tribunal, High Court's jurisdiction was barred under provision of Art. 212 of the Constitution in such matters.

Judgment & Decree

Contends that respondents Nos.2 to 4 were promoted in preference to the petitioner, all employed in District Head Quarters Hospital, Sahiwal. Seeks direction to Medical Superintendent, D.H.Q. Hospital, Sahiwal (respondent No.1) to promote the petitioner and further to prepare promotion list for circulation in the office.

2. The transfers/promotions touch the terms and conditions of service to be determined by the Service Tribunal under section 4 of the Punjab Service Tribunals Act, 1974. Moreover the jurisdiction of this Court is barred under Article 212 of the Constitution. The petitioner has chosen the wrong forum. Therefore, this petition is dismissed in limine. A.A./A‑353/L Petition dismissed.