| Case ID |
3b28a825-eadb-42d5-af37-a45008eb473d |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.8/S of 2000 |
| Decision Date |
Feb 09, 2001 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition of Khadim Hussain regarding the determination of his seniority as a civil servant. The court ruled that issues pertaining to seniority are related to the terms and conditions of service, which fall under the jurisdiction of the Service Tribunal as per Article 212 of the Constitution of Pakistan. The court noted that the petitioner had sought directions for the implementation of earlier orders from the Establishment Division concerning his seniority, but the court determined that such matters could not be adjudicated in its constitutional jurisdiction. The petitioner was advised to pursue his claim through the appropriate Service Tribunal. |
| Summary |
In the case of Khadim Hussain vs. Dr. Farzana Chaudhry and others, the Lahore High Court addressed the issue of seniority determination for a civil servant. The petitioner sought the court's intervention to enforce prior orders from the Establishment Division regarding his seniority. However, the court concluded that it lacked jurisdiction over matters related to employment terms and conditions as outlined in Article 212 of the Constitution of Pakistan. The ruling emphasized that such disputes are to be resolved by the Service Tribunal. The decision highlighted the legal boundaries of the High Court's powers concerning employment-related grievances, reiterating the need for civil servants to pursue their claims through the designated administrative channels. The case underscores the importance of understanding the jurisdictional limits of higher courts in employment matters, particularly in the context of civil service regulations. Keywords: civil service, seniority determination, Lahore High Court, constitutional jurisdiction, Service Tribunal. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI, J
|
| Lawyers |
Dr. G.S. Khan for Petitioner,
Qezi Ahmad Naeem Qureshi, Federal Counsel with Dilshad Ahmad, S.O., Establishment Division, Muhammad Din, D.S., Health and Liaquat Ali, S.O., Health Department,
Babar Bilal with Dr. Farzana Chaudhry for Respondent No. 1
|
| Petitioners |
KHADIM HUSSAIN
|
| Respondents |
Dr. FARZANA CHAUDHRY and others
|
| Citations |
2001 SLD 2032 = 2001 PLC 1239
|
| Other Citations |
Asadullah Rashid v. Haji Muhammad Munir and others 1998 SCMR 2129,
Khalid Mahmood Wattoo v. Government of Punjab and others 1998 SCMR 2280,
Sarfraz Ahmad Hiraja v. Water and Power Development Authority and others 1999 SCMR 2828,
Finance Secretary, Government of Pakistan, Islamabad and 2 others v. Shahid Hussain and others 1992 SCMR 77,
Muhammad Azam Jamali and 11 others v. Government of Pakistan through Secretary/Chairman, Ministry of Railways and 33 others 1992 PLC (C.S.) 637,
Khaliq-uz-Zaman Chaudhry, Civil Judge 1st Class, Lahore and 72 others v. Government of the Punjab 1993 PLC (C.S.) 1322,
Ghulam Hussain Baluch v. Liaqat Ali Baloch 1999 PLC (C.S.) 397
|
| Laws Involved |
Civil Servants Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
8,
199,
212
|