| Case ID |
2ce2f5ff-e030-43af-a675-763f26c7e494 |
| Body |
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| Case Number |
Civil Appeals Nos. 80 and 81 of 1987 |
| Decision Date |
May 14, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that a representation to the Governor against a seniority list is necessary before filing an appeal to the Service Tribunal under the Punjab Service Tribunals Act. The court found that the Service Tribunal's decision to entertain an appeal without such representation was incorrect. The case involved the seniority of Graduate Engineers within the Punjab Agriculture Department and addressed the procedural requirements for civil servants seeking to challenge administrative decisions. The court emphasized that the Governor remains the next higher authority for such representations, and the appellants' claims to seniority were upheld based on their qualifications and the proper processes followed in issuing seniority lists. |
| Summary |
This case involves the legal context surrounding the Punjab Civil Servants Act (VIII of 1974) and the Punjab Service Tribunals Act (IX of 1974). It centers on the administrative procedures related to seniority lists for civil servants, specifically Graduate Engineers in the Punjab Agriculture Department. The Supreme Court's decision highlighted the necessity of filing a representation to the Governor before approaching the Service Tribunal, clarifying the hierarchy of authority in administrative matters. This ruling is significant for understanding the rights of civil servants and the procedural requirements for appealing administrative decisions, ensuring fair treatment and adherence to legal protocols. Keywords: Punjab Civil Servants Act, Service Tribunal, seniority list, administrative law, legal representation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEN, C.J.,
NASIM HASAN SHAH,
SHAFIUR REHMAN,
ALI HUSSAIN QAZILBASH, JJ
|
| Lawyers |
S. M. Zafar, Senior Advocate Supreme Court,
Syed Zahid Hussain, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
M. Nawaz Abbasi, Asstt. A.G. Punjab,
Rao Muhammad Yousuf Khan, Advocate-on-Record No. 1,
D. M. Awan, Advocate Supreme Court,
Ch. M. Aslam, Advocate-on-Record,
Abid Hasan Minto, Advocate Supreme Court,
Ch. Muhammad Aslam, Advocate-on-Record,
M. Ismail Qureshi, Advocate Supreme Court,
Mian Ata-ur-Rehman, Advocate-on-Record
|
| Petitioners |
another,
FALAK SHER KHAN
|
| Respondents |
others,
SECRETARY TO GOVERNMENT OF PUNJAB AGRICULTURE DEPARTMENT
|
| Citations |
1989 SLD 944,
1989 PLD 562
|
| Other Citations |
1986 PLC (CS) 789
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Punjab Service Tribunals Act (IX of 1974),
West Pakistan Agriculture Engineering Service (Class II) Rules, 1963
|
| Sections |
21,
4
|