| Case ID |
29f16598-06e5-43aa-9fb6-6b2cd6d9a179 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeals Nos. 576 and 577 of 1988 |
| Decision Date |
Dec 08, 1991 |
| Hearing Date |
Dec 08, 1991 |
| Decision |
The Supreme Court of Pakistan allowed the appeals and remanded the cases to the Punjab Service Tribunal for adjudication on merits. The Court found that the Service Tribunal had erred in law by not exercising its jurisdiction properly, failing to decide the appeals on the merits, and instead recommending government action. The appellants had been appointed on an ad hoc basis and argued that their service from 1974 to 1978 should be considered regular due to the circumstances of their initial appointment. The Court emphasized the Tribunal's obligation to resolve all questions of law and fact and noted the hardship faced by the appellants due to the delay in their regularization. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan addressed the appeals of S.M. ZAFAR BABAR against the judgment of the Punjab Service Tribunal. The core issue revolved around the regularization of the appellants' service as Additional District and Sessions Judges from their initial ad hoc appointment in 1974. The Court underscored the importance of judicial review in administrative decisions, particularly in cases involving individual hardship. The Tribunal's failure to fully address the merits of the case was deemed a significant legal error, leading to the remand of the case for further consideration. This decision highlights the judiciary's role in ensuring that legal principles are upheld and that individuals receive the benefits of their service, particularly in government employment contexts. The case sets a precedent for similar appeals, reinforcing the necessity for thorough judicial scrutiny in administrative matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, CJ,
ABDUL QADEER CHAUDHRY,
WALI MUHAMMAD KHAN, JJ.
|
| Lawyers |
Mr. Abid Hassan Minto, Senior Advocate, Supreme Court,
Mr. MA. Siddiqui, AOR for Appellant (in C.A. 576 of 1988),
Mr. M. Nawaz Abbasi, A.A.G,
Rao Muhammad Yousaf, AOR for Respondent No. 1 (in C.A. 576 of 1988),
Sh. Masud Akhtar, AOR (absent) for Respondents Nos. 8,16 and 18 (in C.A. 576 of 1988),
Mr. M. Nawaz Abbasi, A.A.G. with Mr. MA. Siddiqui, AOR for Appellant(in C.A. 577 of 1988),
Rao Muhammad Yousaf, AOR for Respondent No. 1 (in C.A. 577 of 1988),
Sh. Masud Akhtar, AOR (absent) for Respondents Nos 9,17,19 and 20 (in C.A. 577 of 1988)
|
| Petitioners |
S.M. ZAFAR BABAR
|
| Respondents |
others,
PROVINCE OF PUNJAB
|
| Citations |
1992 SLD 2192,
1992 PLJ 154
|
| Other Citations |
PLD 1980 SC 22,
1991 SCMR 2216
|
| Laws Involved |
Not available
|
| Sections |
Not available
|