| Case ID |
5c7a69a1-67af-486d-93f6-00baa39ab736 |
| Body |
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| Case Number |
Writ Petition No. 866 of 1997 |
| Decision Date |
Apr 13, 1999 |
| Hearing Date |
Apr 13, 1999 |
| Decision |
The Lahore High Court dismissed the petitions filed by the petitioners for their termination from service on the grounds of lack of maintainability. The Court highlighted that the petitioners were civil servants whose termination fell under the terms and conditions of service, which could not be challenged under Article 199 of the Constitution due to the provisions of Article 212. The Court emphasized the distinction between 'fitness' and 'eligibility,' stating that the petitions were based on eligibility issues rather than fitness, thus rendering them outside the purview of the Court's jurisdiction. The judgment underscored the importance of adhering to legal procedures in the appointment and termination of civil servants, and noted the lack of opportunity for the petitioners to be heard prior to their termination. Ultimately, the Court ruled that the passionate pleas of the petitioners did not provide a sufficient basis for intervention, and the petitions were dismissed. |
| Summary |
This case revolves around the dismissal of several civil servants, including health technicians and other positions, from the Punjab Health Department. The Lahore High Court addressed the legality of their termination based on political recommendations and the absence of proper appointment procedures. The petitioners argued that their rights were violated as they were not given a chance to be heard before their termination, which they claimed was against the principles of natural justice. The Court clarified the distinction between 'fitness' and 'eligibility' in the context of civil service appointments and terminations. It ruled that the petitioners' case was not maintainable due to jurisdictional limitations imposed by the Constitution. This case highlights critical issues in public sector employment, including the significance of due process and the rule of law in administrative actions. Keywords: civil service termination, Lahore High Court, constitutional jurisdiction, eligibility vs fitness, natural justice, public sector employment. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA, J
|
| Lawyers |
Javed Iqbal Addam for Petitioner,
Mazhar Jamil Qureshi, A.A.-G. for Respondents
|
| Petitioners |
TARIQ ALI
|
| Respondents |
4 others,
DIRECTOR, HEALTH SERVICES, MULTAN DIVISION, MULTAN
|
| Citations |
1999 SLD 1081 = 1999 PLC 1297
|
| Other Citations |
Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539,
Syed Badrud-ud-Din v. Government of N.W.F.P. PLD 1994 SC 345
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Constitution of Pakistan (1973)
|
| Sections |
4(1),
199,
212
|