| Case ID |
38c41143-8060-4929-bcc9-fed4752dcd47 |
| Body |
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| Case Number |
Writ Petition No. 6645 of 1990 |
| Decision Date |
Dec 23, 1990 |
| Hearing Date |
|
| Decision |
The petitioner, a Lower Division Clerk in the office of Consumer Service Office, Electricity, WAPDA, Daska, District Sialkot, challenged the suspension directive from the Government of Pakistan, Ministry of Interior and Narcotics Control. The court determined that the grievance concerning the terms and conditions of service falls within the exclusive jurisdiction of the Service Tribunal as per Article 212(2) of the Constitution. The court emphasized that the petitioner could not approach the Service Tribunal until a final order regarding his suspension was passed, which is necessary for an appeal. Consequently, the writ petition was dismissed in limine, indicating that the petitioner must wait for the appropriate legal processes to unfold before seeking recourse through the Tribunal. |
| Summary |
In the case of Writ Petition No. 6645 of 1990, the Lahore High Court addressed the matter of a Lower Division Clerk, Muhammad Iqbal Butt, who was aggrieved by a directive from the Government of Pakistan instructing the suspension from WAPDA. The court found that the dispute regarding service terms fell under the jurisdiction of the Service Tribunal as outlined in the Service Tribunals Act and the Constitution of Pakistan. The court held that the petitioner could not pursue a constitutional petition as no final order of suspension had been issued. The decision reinforced the necessity of following procedural norms before appealing to the Tribunal. This case highlights the importance of jurisdictional boundaries in service-related disputes and the procedural requirements for seeking legal remedies in administrative matters. |
| Court |
Lahore High Court
|
| Entities Involved |
WAPDA,
Government of Pakistan, Ministry of Interior and Narcotics Control
|
| Judges |
IRSHAD HASAN KHAN, J
|
| Lawyers |
Ch. Riaz Ahmad,
Faqir Muhammad Khokhar, Dy. Attorney-General
|
| Petitioners |
MUHAMMAD IQBAL BUTT
|
| Respondents |
WAPDA and others
|
| Citations |
1991 SLD 403,
1991 PLC 512
|
| Other Citations |
Muhammad Sadiq Khokhar v. Engineer-in-Chief, Pakistan Army, GHQ, and another 1985 S C M R 63,
Abdul Wahab Khan v. Government of the Punjab and 3 others P L D 1989 S C 508
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4,
212(2)
|