| Case ID |
0215b4fb-2b7c-413a-96c3-513e20d4bf88 |
| Body |
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| Case Number |
Civil Appeals Nos. 16 to 22 of 1977 and Civil Peti |
| Decision Date |
May 10, 1978 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan decided to allow the appellants/petitioners to withdraw their appeals and petitions, which raised similar questions regarding the terms and conditions of Principals and Head Masters of nationalized colleges and schools. The court recognized that these matters were not competent as they fell under the jurisdiction of the relevant Services Tribunal. Despite the withdrawal, the court granted interim relief to maintain the current status and emoluments of the appellants/petitioners until they could present their case before the Services Tribunal, setting a timeframe of one month for this action. The ruling emphasized the urgency for the Services Tribunal to expeditiously decide on the interim relief applications, ensuring no influence from the current ruling. |
| Summary |
This case revolves around the appeals concerning the terms and conditions of service for educational administrators in nationalized institutions under Martial Law Regulation No. 118. The Supreme Court upheld the Lahore High Court's decision that these matters should be referred to the appropriate Services Tribunal. The court allowed the appellants to withdraw their appeals while ensuring their current employment status and remuneration were maintained pending a decision by the Services Tribunal. This decision highlights the importance of proper jurisdiction in administrative service matters and affirms the right to interim relief in such cases, reflecting ongoing legal challenges faced by educators under nationalization policies. Keywords: Supreme Court, interim relief, nationalized colleges, administrative law, service tribunal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
WAHEEDUDDIN AHMAD,
MUHAMMAD AKRAM,
DORAB PATEL,
KARAM ELAHEE CHAUHAN
|
| Lawyers |
Mian Mahmud Ali Kasuri, Senior Advocate instructed by Ch. Fazal-i-Hussain,
Sh. Riaz Ahmad, Assistant Advocate-General with M. M. Said Beg instructed by Sh. Ijaz Ali, Advocate-on-Record for Respondents Nos. 1 and 2,
Rustam S. Sidhwa, Advocate Supreme Court for Respondents Nos. 15 to 28
|
| Petitioners |
FAZAL ELAHI IJAZ ETC.
|
| Respondents |
GOVERNMENT OF PUNJAB AND others
|
| Citations |
1981 SLD 284,
1981 SCMR 433
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 21
|