2002 PLP 1587 (YLR)
PROVINCE OF THE PUNJAB through Secretary, Communication and Works, Government of Punjab, Lahore and 2 others‑‑‑Appellants Versus Messrs M.S. CHAUDHRY CONSTRUCTION COMPANY through Managing Partner‑‑‑Respondent
| Citation | 2002 PLP 1587 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Ijaz Ahmad and Mian Saqib Nisar, JJ |
| Parties | PROVINCE OF THE PUNJAB through Secretary, Communication and Works, Government of Punjab, Lahore and 2 others‑‑‑Appellants Versus Messrs M.S. CHAUDHRY CONSTRUCTION COMPANY through Managing Partner‑‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 1587 (YLR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1587 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Ijaz Ahmad and Mian Saqib Nisar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1587 (YLR) (PROVINCE OF THE PUNJAB through Secretary, Communication and Works, Government of Punjab, Lahore and 2 others‑‑‑Appellants Versus Messrs M.S. CHAUDHRY CONSTRUCTION COMPANY through Managing Partner‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Riaz Lone for Appellants.
Headnotes / Summary
‑‑‑‑Arts. 199 & 4‑‑‑Construction Company had prayed in Constitutional petition that Authorities be directed to make payment of amount due to Company as had been worked out by the Executive Engineer as no dispute existed with regard to the same‑‑‑High Court accepted the petition‑‑‑Intra‑Court appeal by the Authorities‑‑‑Validity‑‑‑High Court had rightly accepted Constitutional petition because Appellate Authorities in their parawise comments in response to direction of High Court had themselves accepted their liabilities, and had neither raised any counter‑claim nor any controversial facts‑‑‑Public functionaries were obliged to release amount of the Company claimed by it on basis of work done by it in terms of agreement as envisaged by Art.4 of Constitution of Pakistan (1973). Messrs Wak Orient Power and Light Limited v. Government of Pakistan, Ministry of Water and Power and 2 others 1998 CLC 1178; Messrs Airport Support Services v. The Airport Manager, Quaid‑e‑Azam International Airport, Karachi and others 1998 SCMR 2268 and Shaukat Ali's case PLD 1997 SC 324 ref.
Judgment & Decree
(3) No, 1250/S dated 27‑12‑1995, (4) No.87/AB dated 9‑12‑1996, (5) No.795/AB dated 26‑2‑1997, (6) No.118/S dated 27‑2‑1997, (7) No.250/AB dated 11‑7‑1998, (8) No.733/S dated 24‑9‑1998, (9) No.94R/S dated 18‑11‑1998, (10) No.312/AB dated 28‑12‑1998, (11) No. 16/AB dated 20‑3‑1999, (12) No.42/AB dated 8‑7‑1999, (13) No.956/S dated 16‑9‑1999, (14) No.26/AB dated 6‑4‑2000, (15) No. 522/S dated 21‑4‑2000, (16) No.503/S dated 20‑6‑2000. The aforesaid para. clearly reveals that the appellant accepted the liabilities and did not raise any counter‑claim as well as did not raise any controversial facts. The learned Single Judge rightly accepted the Constitutional petition in terms of the law laid down by the Pull Bench of this Court in the case of Messrs Wak Orient Power and Light Limited v. Government of Pakistan, Ministry of Water and. Power and 2, others 1998 CLC 1178. The Honourable Supreme Court has laid down the following principle in the case of Messrs Airport Support Services v. The Airport Manager, Quaid‑e -Azam. International Airport, Karachi and others 1998 SCMR 2268:‑‑ "The rule is founded on the premises that public functionaries deriving authority from or under law, are obligated to act justly, fairly equitably, reasonably, without any element of discrimination and squarely within the parameters of law, as applicable in a given situation. Deviations, if of substance, can be corrected through appropriate orders under Article 199 of the Constitution." The Honourable Supreme Court has given the following observation in Shaukat Ali's case PLD 1997 SC 324:‑‑ "We may observe that since Pakistan is founded on the basis of religion of Islam, efforts should be made to bring about an egalitarian society based on Islamic Concept of fair-play and social justice. The State functionaries like Railways are expected to act fairly and justly, in a manner which should not give to any one any cause of complaint on account of discriminatory treatment or otherwise. While discharging official functions, efforts should be made to ensure that no one is denied to earn his livelihood because of the unfair or discriminatory act on the part of any State functionary." It is the duty and obligation of the public functionaries to release the amount of the respondent claimed by him on the basis of the work done by him in terms of the agreement as is envisaged by Article 4 of the Constitution. In view of what has been discussed above, this Intra‑Court Appeal has no force, the same is dismissed. H.B.T./P‑83/L Intra‑Court Appeal dismissed.