| Case ID |
1723fc38-e037-4b20-9a07-77f94b9adcf4 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 14691 of 2003 |
| Decision Date |
Jan 28, 2004 |
| Hearing Date |
|
| Decision |
The Lahore High Court directed the respondents to implement the judgment of the Service Tribunal within two months. The court emphasized that the mere filing of a petition before the Supreme Court does not automatically suspend the operation of the Service Tribunal's judgment. It affirmed its jurisdiction under Article 199 of the Constitution to ensure compliance with the Tribunal's decision, highlighting the obligation of the authorities to act in accordance with the law. The petitioner's grievance regarding seniority was acknowledged, and the court's directive aimed to uphold the rights of civil servants as stipulated in previous case laws. |
| Summary |
In the case of Fazal Elahi vs. Pakistan Telecommunication Company Ltd., the Lahore High Court addressed a constitutional petition regarding the maintainability of a grievance related to civil service seniority. The petitioner, an Engineer Supervisor, sought to have his seniority fixed from the date of his appointment, which was previously denied by the authorities. The Service Tribunal had ruled in favor of the petitioner, but the respondents failed to implement the Tribunal's judgment. The High Court, exercising its jurisdiction under Article 199 of the Constitution, ordered the implementation of the Tribunal's decision, reaffirming the authority of the courts in matters of civil service grievances. This case highlights the importance of compliance with judicial orders and the protection of civil servant rights, ensuring that the principles of justice and accountability are upheld in public service matters. Keywords: civil service, constitutional petition, Lahore High Court, service tribunal, seniority, judicial compliance. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IJAZ AHMED, J
|
| Lawyers |
Muhammad Tahir Mehmood,
Yousaf Hussain Dilawari
|
| Petitioners |
FAZAL ELAHI
|
| Respondents |
another,
PAKISTAN TELECOMMUNICATION COMPANY LTD.
|
| Citations |
2004 SLD 1560,
2004 PLC 655
|
| Other Citations |
Inam-ul-Haq, v. Secretary Establishment Division 1982 Law Notes, Lahore 437,
Mrs. Monawar Sanni, v. Director Army Education; 1991 SCMR 135,
Sardar Muhammad Arshad, v. Azad Government thro: C.S. 1998 PLC (C.S.) 217,
Farooq Ahmad Khan v. Shaukat Jan Bouch. 1998 PLC (C.S.) 425,
Khalid Mehmood Inspector v. Inspector-General Police 1999 PLC (C.S.) 558,
Qazi Muhammad Anwar, v. Federation of Pakistan 2000 PLC (C.S.) 1165,
H.M. Rizvi and 5 others v. Maqsood Ahmad and 6 others PLD 1981 SC 612,
Province of Sindh through Chief Secretary Sindh, Karachi and 4 others v. Gul Muhammad Hajano 2003 SCMR 325
|
| Laws Involved |
Constitution of Pakistan 1973
|
| Sections |
199,
4,
212
|