| Case ID |
0461b443-5b47-4040-80be-bac965cfcaa0 |
| Body |
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| Case Number |
Writ Petition No. 2021 of 1991 |
| Decision Date |
Oct 28, 1992 |
| Hearing Date |
Oct 27, 1992 |
| Decision |
The Lahore High Court dismissed the writ petitions filed by the petitioners who were appointed as Subject Specialists on an ad hoc basis. The Court ruled that the jurisdiction of the High Court in matters relating to the terms and conditions of service of civil servants is excluded by Article 212 of the Constitution. The petitioners' argument that their appointments should continue until a selectee was appointed was rejected. The Court emphasized that the Service Tribunal has exclusive jurisdiction over such matters, thereby affirming the legal framework governing the termination of ad hoc appointments. The Court noted that the petitioners were civil servants under the Punjab Civil Servants Act, and their grievances should be addressed by the Service Tribunal. |
| Summary |
This case revolves around the legal status and rights of petitioners who were appointed as Subject Specialists in the Education Department of Punjab on an ad hoc basis. The Lahore High Court evaluated the jurisdictional boundaries established by the Constitution of Pakistan, specifically Articles 199 and 212. The petitioners challenged the termination of their services, arguing that they were entitled to continue until a regular appointment was made. The Court clarified that the Service Tribunal holds exclusive jurisdiction over civil service matters, and thus, the High Court could not intervene. This case underlines the importance of understanding the legal definitions and implications of ad hoc appointments within public service, establishing precedence for future cases involving similar circumstances. Keywords: civil servants, jurisdiction, Service Tribunal, ad hoc appointments, Lahore High Court. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Punjab,
Education Department
|
| Judges |
FAZAL KARIM, J
|
| Lawyers |
Ahmar Bilal Soofi,
Kh. Saeed-uz-Zafar,
Sh. Zia Ullah,
Muhammad Hussain Awan,
Rana Muhammad Arshad
|
| Petitioners |
IKRAMUL HAQ
|
| Respondents |
PROVINCE OF PUNJAB through Secretary Education
|
| Citations |
1993 SLD 1227 = 1993 PLC 243
|
| Other Citations |
Ghulam Sarwar v. Province of Punjab 1982 SCMR 46,
1985 SCMR 1408,
1983 SCMR 859,
1982 SCMR 408,
1981 SCMR 469,
1991 SCMR 2027,
Notinghamshire C.C. v. Secretary of State (1986) 1 All ER 199,
Muhammad Aslam Bajwa v. Federation of Pakistan PLD 1974 Lah. 545,
Muhammad Asif v. Secretary to Government of the Punjab C and W Department, Lahore and 4 others 1990 PLC (C.S.) 257,
Islamic Republic of Pakistan v. Dr. Safdar Mahmood PLD 1983 SC 100,
Saifullah v. Tariq Hussain 1991 SCMR 2027,
Muhammad Hashim Khan v. Province of Balochistan PLD 1976 Quetta 59 approved in Iqan Ahmad Khurram v. Government of Pakistan and others PLD 1980 SC 153
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Civil Servants Act (VIII of 1974),
Punjab Service Tribunals Act (IX of 1974),
Contract Act (IX of 1872)
|
| Sections |
199,
212,
10,
4,
2(h)
|