2009 PLP (C (PLC(CS))
Syed IJAZ HUSSAIN and 2 others Versus SECRETARY (SCHOOLS), EDUCATION DEPARTMENT, GOVERNMENT OF PUNJAB, LAHORE and 5 others
| Citation | 2009 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Hafiz Tariq Nasim, J |
| Parties | Syed IJAZ HUSSAIN and 2 others Versus SECRETARY (SCHOOLS), EDUCATION DEPARTMENT, GOVERNMENT OF PUNJAB, LAHORE and 5 others |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2009 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 2009 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Hafiz Tariq Nasim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP (C (PLC(CS)) (Syed IJAZ HUSSAIN and 2 others Versus SECRETARY (SCHOOLS), EDUCATION DEPARTMENT, GOVERNMENT OF PUNJAB, LAHORE and 5 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Agha Intizar Ali Imran for Petitioners.
- Ch. Naeem Masood, A.A.-G. for Respondents.
- HAFIZ TARIQ NASIM, J.--- Let a copy of this writ petition along with its annexures be handed over to the learned Assistant Advocate-General Punjab who shall transmit the same to respondents Nos.1 to 5.
Headnotes / Summary
Art. 199
Constitutional petition
Point of law decided by the Supreme Court
Extension of its benefit to the persons not party before the Court
Supreme Court in its judgment reported as 1996 SCMR 1185, had, once for all, resolved that if a point of law was decided by the Supreme Court, similarly placed persons who were not party before the Court, were also to be extended the same benefits without compelling them to agitate the matter in independent proceedings
Present case revolved around the same controversy, which had already been resolved by the High Court in one of its constitutional petitions
Said judgment of the High Court was based on the law laid down by the Supreme Court in its said judgment
Departmental authorities/respondents were left with no other option, except to extend the benefit to the petitioner and similarly placed colleagues
Authorities were directed to resolve the matter within specified period. 1996 SCMR 1185 rel.
Judgment & Decree
HAFIZ TARIQ NASIM, J.
Let a copy of this writ petition along with its annexures be handed over to the learned Assistant Advocate-General Punjab who shall transmit the same to respondents Nos.1 to 5.
2. The respondents Nos.1 to 5 are directed to go through the contents of the writ petition as well as its annexures particularly the judgments passed by this Court, Honourable Supreme Court of Pakistan as well as well-settled law laid down by the apex Court reported as 1996 SCMR 1185 wherein it is once for all resolved that if a point of law is decided by the Supreme Court, similarly placed persons who were not party before the Court be also extended the same benefits without compelling them to agitate the matter in independent proceedings.
3. The present case revolves around the same controversy, which has already been resolved by this Court in Writ Petition No.9214 of 2007 and that judgment was based on the law laid down by the Honourable Supreme Court of Pakistan hence the departmental authorities have left no other option except to extend the benefit to the petitioners and similarly placed colleagues.
4. The respondents Nos.1 to 5 are directed to resolve the matter within one month in line with the judgment passed in Writ Petition No.9214 of 2007 and result whereof be conveyed to the Deputy Registrar (Judi.) of this Court. Disposed of accordingly. H.B.T./I-9/L Order accordingly.