1999 PLP (C (PLC(CS))
SAEEDUDDIN SHAIKH Versus MINISTRY OF PRODUCTION, GOVERNMENT OF PAKISTAN, ISLAMABAD through Secretary and 3 others
| Citation | 1999 PLP (C (PLC(CS)) |
| Forum / Court | Karachi High Court |
| Bench Members | Mrs. Majida Razvi and Abdul Hameed Dogar, JJ |
| Parties | SAEEDUDDIN SHAIKH Versus MINISTRY OF PRODUCTION, GOVERNMENT OF PAKISTAN, ISLAMABAD through Secretary and 3 others |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1999 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 1999 PLP (C (PLC(CS))?
The case was heard and decided by the Karachi High Court bench comprising: Mrs. Majida Razvi and Abdul Hameed Dogar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP (C (PLC(CS)) (SAEEDUDDIN SHAIKH Versus MINISTRY OF PRODUCTION, GOVERNMENT OF PAKISTAN, ISLAMABAD through Secretary and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Petitioner.
- Nemo for Respondents Nos. 1 and 2.
- Khalid Javed for Respondent No. 3.
- S.M. Yakoob for Respondent No. 4.
Headnotes / Summary
‑‑‑‑Art. 199‑‑‑Service Tribunals Act (LXX of 1973), , S. 2‑A [as inserted by Service Tribunals (Amendment) Act (XVII of 1997)]‑‑‑Constitutional petition, abatement of‑‑‑Petitioner during pendency of Constitutional petition, had filed appeal before Service Tribunal on the same cause of action which was dismissed‑‑‑Petitioner, after dismissal of appeal before Service Tribunal filed petition for leave to appeal to Supreme Court which was allowed by Supreme Court remanding case to Service Tribunal‑‑‑Petitioner, in view of S. 2‑A, Service Tribunal Act, 1973 having become civil servant, Constitutional petition filed by such civil servant was not maintainable.
Judgment & Decree
‑‑‑‑Art. 199‑‑‑Service Tribunals Act (LXX of 1973), , S. 2‑A [as inserted by Service Tribunals (Amendment) Act (XVII of 1997)]‑‑‑Constitutional petition, abatement of‑‑‑Petitioner during pendency of Constitutional petition, had filed appeal before Service Tribunal on the same cause of action which was dismissed‑‑‑Petitioner, after dismissal of appeal before Service Tribunal filed petition for leave to appeal to Supreme Court which was allowed by Supreme Court remanding case to Service Tribunal‑‑‑Petitioner, in view of S. 2‑A, Service Tribunal Act, 1973 having become civil servant, Constitutional petition filed by such civil servant was not maintainable. Nemo for Petitioner. Nemo for Respondents Nos. 1 and
2. Khalid Javed for Respondent No.
3. S.M. Yakoob for Respondent No.
4. This case has been called twice since morning but none has appeared for the petitioner. The learned counsel for the respondents have filed a statement stating therein that in view of the amendment made in the Service Tribunal Act, 1973 by Act No. XVII of 1997 published in the Gazette of Pakistan Extraordinary, dated June 10, 1997, whereby section 2‑A has been inserted the present petition stands abated. They have also drawn our attention to the fact that the petitioner during the pendency of this petition had filed an Appeal No.445(K) of 1997 before the Federal Service Tribunal on the same cause of action which was dismissed and, thereafter, a Petition for Leave to Appeal bearing No. 132‑K of 1998 was filed which was allowed by. the Hon'ble Supreme Court remanding the case to the Tribunal. In view of the statement and the very fact that due to insertion of new section 2‑A to the Service Tribunal Act. 1973, the petitioner has become a civil servant, we dismiss this petition as having been abated. H.B.T./S‑168/K Petition dismissed.