| Case ID |
2aff9f8f-1608-4003-980b-9ad66c8ec17a |
| Body |
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| Case Number |
Civil Petition No.779-P of 2003 |
| Decision Date |
Nov 08, 2005 |
| Hearing Date |
Nov 08, 2005 |
| Decision |
The Supreme Court set aside the decision of the Service Tribunal, which had granted relief to the respondent, Amil Khan Wazir, without examining the merits of the case. The Court determined that the Tribunal exceeded its jurisdiction by directing the government to formulate a policy regarding the service structure of Directors of Physical Education. The Court emphasized that the Tribunal's role is limited to the provisions of the North-West Frontier Province Service Tribunals Act, 1974, and it cannot impose its own decisions on the government. The decision of the Supreme Court was to convert the petition for leave to appeal into an appeal and allow it, thereby denying the relief previously granted by the Tribunal. |
| Summary |
This case revolves around the appeal of Amil Khan Wazir, a Director of Physical Education, against the decision of the North-West Frontier Province Service Tribunal which had ruled in his favor regarding his designation and service benefits. The Tribunal directed the government to align the service structure of Physical Education Directors with that of college lecturers, which the Supreme Court found to be beyond the Tribunal's jurisdiction. The Supreme Court's ruling highlights the importance of adhering to legal frameworks governing service matters and the limitations of judicial bodies in administrative decisions. This case is crucial for understanding the boundaries of service tribunals and the legal principles underpinning public service employment in Pakistan. Key keywords include 'Service Tribunal Jurisdiction', 'North-West Frontier Province Law', and 'Public Service Employment Rights'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Education Department,
Government of North-West Frontier Province
|
| Judges |
Sardar Muhammad Raza Khan,
Raja Fayyaz Ahmed
|
| Lawyers |
M. Bilal, Senior Advocate Supreme Court for Petitioners,
Roohul Amin, Advocate Supreme Court/Advocate-on-Record for Respondent
|
| Petitioners |
GOVERNMENT OF N.-W.F.P. through Secretary, Education Department and 2 others
|
| Respondents |
AMIL KHAN WAZIR, Director, Physical Education Government Postgraduate College, Abbottabad
|
| Citations |
2006 SLD 2482 = 2006 SCMR 518
|
| Other Citations |
State Bank of Pakistan v. Khyber Zaman and others 2004 PLC (C.S.) 1213
|
| Laws Involved |
North-West Frontier Province Service Tribunals Act, 1974
|
| Sections |
4
|