| Case ID |
380f402e-fd9d-4b83-9d25-fde1bf796d8d |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 1134 of 1997 |
| Decision Date |
Mar 03, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the decision of the Service Tribunal. The court noted that the organization in question was not a legal entity, and thus, the Service Tribunal's decision was correct based on prior judgments. The court referred to several previous cases that supported its ruling, concluding that no case for interference was established. Therefore, the petition was dismissed, and leave was refused. |
| Summary |
In the case of Civil Petition No. 1134 of 1997, the Supreme Court of Pakistan addressed the legal status of an organization formed by a government resolution, which was deemed not a legal entity. The decision emphasized adherence to previous Supreme Court rulings, affirming the correctness of the Service Tribunal's decision. The petitioners, represented by lawyers Maulvi Anwar-ul-Haq and Mehr Khan Malik, sought leave to appeal against the Tribunal's ruling. However, the Court found no grounds for interference, leading to the dismissal of the petition. This case highlights the importance of legal entity status in administrative law and the implications for civil servants under the Civil Servants Act. The ruling serves as a precedent in administrative disputes involving governmental organizations, reinforcing the need for legal recognition in public service matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIR ASLAM ZAHID,
MUNAWAR AHMAD MIRZA,
ABDUR RAHMAN KHAN
|
| Lawyers |
Maulvi Anwar-ul-Haq, Dy. A.-G.,
Mehr Khan Malik
|
| Petitioners |
SECRETARY, MINISTRY OF SCIENCE AND TECHNOLOGY and others
|
| Respondents |
NASRULLAH KHAN and another
|
| Citations |
1998 SLD 1528,
1998 PLC 1033
|
| Other Citations |
PLD 1990 SC 612,
PLD 1994 SC 123,
1995 SCMR 1593,
1996 SCMR 1572
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
2(b),
Art. 212(3)
|