| Case ID |
305716db-7959-4c70-b57b-2e100574f4ea |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 1058 of 1998/BWP |
| Decision Date |
Mar 26, 1998 |
| Hearing Date |
|
| Decision |
The writ petition filed by the petitioner was dismissed as being incompetent. The court found that the petitioner, a retired civil servant, should have filed an appeal before the Punjab Service Tribunal for redress of his grievance instead of proceeding with a constitutional petition. The court emphasized that the definition of 'civil servant' under the Punjab Service Tribunals Act, 1974, includes retired civil servants, allowing them to appeal decisions affecting their service terms. The petitioner's reliance on an unreported judgment was deemed distinguishable as it pertained to disciplinary proceedings rather than final orders of a departmental authority. |
| Summary |
In this case, the Lahore High Court addressed the maintainability of a constitutional petition filed by Mian Khizar Hayat, a retired civil servant, regarding his pension. The court highlighted that the petitioner, being defined as a 'civil servant' under the Punjab Service Tribunals Act, 1974, was required to seek remedy through the Punjab Service Tribunal instead of the High Court. The ruling underscored the legal framework governing civil servants and their rights to appeal decisions affecting their pensions and other service conditions. The court's decision to dismiss the petition emphasized the importance of following the correct legal procedures established for civil servants in Pakistan. The case serves as a significant reference for understanding the legal rights of retired civil servants and their recourse options under the law. Keywords: civil servant, Punjab Service Tribunal, constitutional petition, Lahore High Court, pension rights, legal procedures. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN NAZIR AKHTAR, J
|
| Lawyers |
M. Akhtar Munir Pirzada
|
| Petitioners |
Mian KHIZAR HAYAT
|
| Respondents |
SECRETARY FOREST, GOVERNMENT OF PUNJAB, LAHORE
|
| Citations |
1998 SLD 1612,
1998 PLC 1423
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Constitution of Pakistan (1973)
|
| Sections |
2(b),
4,
199,
212
|