1981 PLP 321 (CLC)
KHAWAR IJAZ AND ANOTIM‑Petitioners Versus GOVERNMENT OF THE PUNJAB‑Respondent
| Citation | 1981 PLP 321 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Manzoor Hussain Sial, J |
| Parties | KHAWAR IJAZ AND ANOTIM‑Petitioners Versus GOVERNMENT OF THE PUNJAB‑Respondent |
Q1: What are the key laws and sections cited in 1981 PLP 321 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 321 (CLC)?
The case was heard and decided by the Lahore bench comprising: Manzoor Hussain Sial, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 321 (CLC) (KHAWAR IJAZ AND ANOTIM‑Petitioners Versus GOVERNMENT OF THE PUNJAB‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- ‑‑ Art. 199‑Writ‑Aggrieved person‑Possession of a right in strict juristic sense not necessary to maintain Constitutional Petition‑Sufficient for petitioner to show that he has personal interest in performance of legal duty which, if not performed legally, would result in loss of some advantage, or privilege.
- Bashir Ahmad for Petitioner.
- M. Tassadiq Hussain Jilani, Asstt. A.‑G. for Respondent.
- Date of hearing : 3rd March 1980.
Headnotes / Summary
(a) Constitution of Pakistan (1973)‑ A person may not have a right in the strict juristic sense to maintain Constitutional Petition, but it is sufficient to show that he has a personal interest in the performance of legal duty, which, if performed in a manner not permitted by law, would result in the loss of some advantage or privilege. Munawar Ali and S others v. Secretary to the Government of the Punjab P L D 1975 Lab. 544 and Fazal Din v. Lahore Improvement Trust P L D 1969 S C 223 ref. (b) Constitution of Pakistan (1973)‑ Art. 199 ‑ Writ ‑ Court would be reluctant to interfere with discretionary orders passed by Executive authorities unless same arbitrary or in abuse of powers. Ikram Bur Service v. Board of Revenue P L D 1963 S C 564; Montgomery Flour & General Mills Ltd. v. Director, Food Purchases P L D 1957 Lab. 914 and Presiding Officer v. Sadruddin Ansari P L D 1967 S C 569 ref. (c) Instructions‑‑ Instruction issued by Government‑Held, 7 functionaries of Govern ment under legal obligation to follow such instructions unless same violative of any law. Mian Munawar‑ud‑Din v, Federation of Pakistan P L D 1979 Lab, 499 ref. (d) Punjab Civil Servants Act (VIII of 1974)‑ S. 2 (b) and Workmen's Compensation Act (VIII of 1923), S. 2 (n) "Civil servants"‑ ‑"Workman" or "Worker"‑Definitions‑Persons employed as Sub‑Engineers in Irrigation and Power Department, engaged in construction work of buildings, roads, canals etc. and drawing salaries less than one thousand rupees per month‑Held, covered within definition of "worker" or "workman".‑‑[Words and phrases].
Judgment & Decree
(b) Constitution of Pakistan (1973)‑ Art. 199 ‑ Writ ‑ Court would be reluctant to interfere with discretionary orders passed by Executive authorities unless same arbitrary or in abuse of powers. Ikram Bur Service v. Board of Revenue P L D 1963 S C 564; Montgomery Flour & General Mills Ltd. v. Director, Food Purchases P L D 1957 Lab. 914 and Presiding Officer v. Sadruddin Ansari P L D 1967 S C 569 ref. (c) Instructions‑‑ Instruction issued by Government‑Held, 7 functionaries of Govern ment under legal obligation to follow such instructions unless same violative of any law. Mian Munawar‑ud‑Din v, Federation of Pakistan P L D 1979 Lab, 499 ref. (d) Punjab Civil Servants Act (VIII of 1974)‑ S. 2 (b) and Workmen's Compensation Act (VIII of 1923), S. 2 (n) "Civil servants"‑ ‑"Workman" or "Worker"‑Definitions‑Persons employed as Sub‑Engineers in Irrigation and Power Department, engaged in construction work of buildings, roads, canals etc. and drawing salaries less than one thousand rupees per month‑Held, covered within definition of "worker" or "workman".‑‑[Words and phrases]. Bashir Ahmad for Petitioner. M. Tassadiq Hussain Jilani, Asstt. A.‑G. for Respondent. Date of hearing : 3rd March 1980.