2006 PLP (C (PLC(CS))
Mrs. HINA KHANUM Versus GOVERNMENT OF SINDH through Secretary Education and 3 others
| Citation | 2006 PLP (C (PLC(CS)) |
| Forum / Court | Karachi High Court |
| Bench Members | Sarmad Jalal Osmany and Ameer Hani Muslim, JJ |
| Parties | Mrs. HINA KHANUM Versus GOVERNMENT OF SINDH through Secretary Education and 3 others |
| Primary Law | Sindh Service Tribunals Act (XV of 1973) |
Q1: What are the key laws and sections cited in 2006 PLP (C (PLC(CS))?
This judgment primarily cites: Sindh Service Tribunals Act (XV of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP (C (PLC(CS))?
The case was heard and decided by the Karachi High Court bench comprising: Sarmad Jalal Osmany and Ameer Hani Muslim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP (C (PLC(CS)) (Mrs. HINA KHANUM Versus GOVERNMENT OF SINDH through Secretary Education and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ali Nawaz Memon for Petitioner.
- Manzoor Ahmed for Respondent No.3.
- Abbas Ali, Addl. A.-G. for Respondents Nos. 1, 2 and 4.
- SARMAD JALAL OSMANY, J.---Today Mr. Manzoor Ahmed, Advocate has filed a copy of letter dated 22-12-2004 whereby the petitioner has been intimated that since she was temporarily appointed against a leave vacancy for a period of three (3) months from 5-11-1998 to 31-12-1998 her said appointment automatically came to end after expiry of such period. A copy of this letter has been handed over today to learned counsel for the petitioner.
- Mr. Ali Nawaz Memon, Advocate for the petitioner had submitted that it has taken six long years for the Education Department to make up its mind as regards the petitioner's terms and conditions of service since this was for the first time that the petitioner was served with such letter of termination of her service. He prays that in the circumstance of the case as admittedly the petitioner was serving the Education Department during all these years as it is not disputed as per the statement of the Headmaster of the School this petition be allowed.
Headnotes / Summary
S.4
Constitution of Pakistan (1973), Arts. 199 & 212
Constitutional petition
Authorities had claimed that petitioner had been intimated that since she was temporarily appointed against a leave vacancy for a period of three months, her appointment had automatically come to an end after expiry of said period of three months
Petitioner had filed constitutional petition against said action of the authorities
In view of stand taken by the Department/authorities matter involved related to terms and conditions of petitioner's service which exclusively fell within the domain of Service Tribunal and jurisdiction of High Court was barred under Art.212, Constitution of Pakistan
Petitioner was directed to approach the Service Tribunal, for her grievance.
Judgment & Decree
SARMAD JALAL OSMANY, J.
Today Mr. Manzoor Ahmed, Advocate has filed a copy of letter dated 22-12-2004 whereby the petitioner has been intimated that since she was temporarily appointed against a leave vacancy for a period of three (3) months from 5-11-1998 to 31-12-1998 her said appointment automatically came to end after expiry of such period. A copy of this letter has been handed over today to learned counsel for the petitioner. We have perused the letter filed today in Court and we regret to note that it purports to be in pursuance of this Court's order dated 15-12-2004 as on that date we had passed no such order. On such???????? , date we had only directed the Education Department to take action in accordance with law insofar as the petitioner's services were concerned. Consequently the words "in pursuance of the Court's order dated, 15-12-2004" shall not be deemed to form part of the letter served upon the petitioner today dated 22-12-2004. Mr. Ali Nawaz Memon, Advocate for the petitioner had submitted that it has taken six long years for the Education Department to make up its mind as regards the petitioner's terms and conditions of service since this was for the first time that the petitioner was served with such letter of termination of her service. He prays that in the circumstance of the case as admittedly the petitioner was serving the Education Department during all these years as it is not disputed as per the statement of the Headmaster of the School this petition be allowed. We have heard the learned counsel. In our opinion now due to the stand taken by the Education Department, the matter concerns the terms and conditions of the petitioner's service which is exclusively the domain of the Sindh Service Tribunal and our jurisdiction is barred under the Constitution. In the circumstances we would direct the petitioner to approach the Sindh Service Tribunal for her grievance. Upon such petition being filed with the learned. Tribunal in the circumstances of the case it is expected that such petition would be disposed of as soon as possible. Insofar as the allegations levelled by the petitioner against Muhammad Hussain, Incharge Litigation Branch we do not propose to take any action against him in view of the statements recorded by us in Court. The petition stands disposed of along with all pending applications. H.B.T./H-62/K??????????????????????????????????????????????????????????????????????????????????? Order accordingly.