1996SCMR1717 (PLP)
MUHAMMAD TAIB and another‑‑‑Petitioners Versus ZAR GUL KHAN and 2 others‑‑‑Respondents
| Citation | 1996SCMR1717 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui and |
| Parties | MUHAMMAD TAIB and another‑‑‑Petitioners Versus ZAR GUL KHAN and 2 others‑‑‑Respondents |
| Primary Law | North‑West Frontier Province Service Tribunals Act (I of 1974)‑‑‑ |
Q1: What are the key laws and sections cited in 1996SCMR1717 (PLP)?
This judgment primarily cites: North‑West Frontier Province Service Tribunals Act (I of 1974)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996SCMR1717 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996SCMR1717 (PLP) (MUHAMMAD TAIB and another‑‑‑Petitioners Versus ZAR GUL KHAN and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Muhammad Anwer, Advocate Supreme Court with M. Zahoor Qureshi Azad, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents Nos. l to 3.
- Date of hearing: 29th May, 1996
- Qazi Muhammad Anwer, Advocate Supreme Court with M. Zahoor Qureshi Azad, Advocate-on-Record for Petitioners.
Headnotes / Summary
(On appeal from the judgment of the N.‑W.F.P. Service Tribunal, Peshawar, dated 18th April, 1996 passed in Service Appeal No.661 of 1995). ‑‑‑‑S. 4‑‑‑North‑West Frontier Province Civil Servants Act (XVIII of 1973), S.22‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Promotion‑‑‑Civil servant's promotion was set aside by Service Tribunal with direction to Departmental Promotion Committee to consider respondent's (civil servant's) case alongwith promoted civil servants afresh‑‑‑Validity‑‑‑Leave to appeal was granted to consider question of law of public importance as to whether relief allowed by Service Tribunal in its appellate jurisdiction to respondent (civil servant) could at all be granted; and whether subject‑matter was not clearly barred under S. 4(b), North‑West Frontier Province Service Tribunals Act, 1974 read with S. 22, North‑West Frontier Province Civil Servants Act, 1973. Government of Punjab v. Muhammad Awais Shahid 1991 SCMR 696 and Mian Abdul Malik v. Dr. Sabir Zameer Siddiqui and 4 others 1991 SCMR 1129 rel.
Judgment & Decree
MUHAMMAD BASHIR KHAN JEHANGIRI, J.
Leave to appeal has been sought against the judgment of N.-W.F.P. Service Tribunal, Peshawar, dated 18-4-1996.
2. Facts of the case, briefly, are that Zar Gul Khan, respondent, who was employed as Assistant Sericulture Development Officer (B-11) in Sericulture Wing of N.-W.F.P. Forest Department, filed appeal before the N.-W.F.P. Service Tribunal against the order dated 30-5-1995 of respondent No.2 whereby petitioners Nos.1 and 2 were promoted as Sericulture Development Officers (B-16) and respondent No.1 claiming to be senior to them was not promoted. The appeal was obviously resisted by both the petitioners and the official respondents, inter alia, on the ground that the N.-W.F.P. Service Tribunal was devoid of jurisdiction in view of the bar of section 4 of the N.-W.F.P. Service Tribunals Act, 1973.
3. The Service Tribunal, however, without adverting to the objection of lack of jurisdiction, accepted the appeal, set aside the impugned order dated 30-5-1995 "alongwith the minutes of the DPC and remanded the case to the respondent/administrative department to consider the case of the appellant alongwith respondents Nos.3 and 4 by the DPC afresh for recording their recommendations as laid down and stated above".
4. Qazi Muhammad Anwar, learned counsel appearing on behalf of the petitioners, contended that the learned Members of the Service Tribunal have allowed the relief in exercise of their appellate jurisdiction which could not at all be granted to respondent No. 1, in that, the subject-matter was clearly barred under section 4(b) of the N.-W.F.P. Service Tribunals Act, 1974 read with section 22 of the Civil Servants Act. In support of this proposition, reliance was placed on two cases of this Court: (i) Government of Punjab v. Muhammad Awais Shahid (1991 SCMR 696) and (ii) Mian Abdul Malik v. Dr. Sabir Zameer Siddiqui and 4 others (1991 SCMR 1129).
5. From the perusal of the impugned order, we find that the contention of the learned counsel for the petitioners has prima facie some merit. We would, therefore, grant leave to appeal to consider the following questions of law of public importance, namely:-- (a) Whether, the relief allowed by the Tribunal in its appellate jurisdiction to respondent No. l could at all be granted? and (b) Whether the subject-matter was not clearly barred under section 4(b) of the N.-W.F.P. Service Tribunals Act, 1974 read with section 22 of the Civil Servants Act?
6. Status quo already granted shall continue till the decision of the appeal. A.A./M-3265/S Leave granted,