| Case ID |
d3fe78c7-650c-4f41-b170-53f6b0fe3f38 |
| Body |
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| Case Number |
Writ Petition No. 5753 of 1992 |
| Decision Date |
Oct 11, 1993 |
| Hearing Date |
Oct 11, 1993 |
| Decision |
The Lahore High Court dismissed the writ petition filed by the petitioners, who were members of the Ministerial Establishment of Electric Inspectorate, Lahore Region, challenging the vires of the Punjab Irrigation and Power Department (Power Wing) Service Rules, 1990. The court held that the petitioners, being civil servants, must seek remedies through the Punjab Service Tribunal as per Article 212 of the Constitution of Pakistan. The court emphasized that the jurisdiction of the High Court is barred in matters exclusively within the jurisdiction of the Service Tribunal. The petitioners argued that the rules should be declared invalid, but the court maintained that any challenge to the rules must be made before the appropriate tribunal after exhausting departmental remedies. The court referenced previous judgments that reinforced the exclusive jurisdiction of the Administrative Tribunal in civil service matters, ultimately ruling that the petition was incompetent and dismissing it. |
| Summary |
In the case of Writ Petition No. 5753 of 1992, LATIF ASGHAR challenged the vires of the Punjab Irrigation and Power Department (Power Wing) Service Rules, 1990 in the Lahore High Court. The court held that the petitioners, as civil servants, were required to approach the Punjab Service Tribunal for grievances related to service rules under Article 212 of the Constitution of Pakistan. This ruling underscored the importance of jurisdictional boundaries between the High Court and the Service Tribunal, asserting that the latter has exclusive authority over civil service matters. The court's decision highlighted the need for petitioners to exhaust departmental remedies before seeking judicial intervention, thereby reinforcing the framework established for civil service governance in Pakistan. The case is significant for understanding the procedural requirements and jurisdictional limitations for civil servants in Pakistan, particularly in relation to service rules and the administrative tribunal system. Keywords relevant to this case include 'Punjab Service Tribunal', 'civil servants', 'administrative law', and 'service rules'. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of the Punjab,
Punjab Irrigation and Power Department
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
A.W. Butt,
Rana Muhammad Arshad Khan
|
| Petitioners |
LATIF ASGHAR
|
| Respondents |
others,
GOVERNMENT OF THE PUNJAB
|
| Citations |
1995 SLD 1115,
1995 PLC 221
|
| Other Citations |
Dr. Abdus Sattar Babar v. Pakistan through Secretary, Establishment Division and another 1984 SCMR 1178,
Federation of Pakistan and another v. Hashim Shah Qureshi 1987 SCMR 156,
Imdad Ali Khan v. Pakistan PLD 1986 SC 349,
M. Yamin Qureshi v. Islamic Republic of Pakistan and another PLD 1980 SC 22,
The Collector, Central Excise and Land Customs and others v. Aslam Ali Shah PLD 1985 SC 82,
Aish Muhammad and 68 others v. Pakistan and 75 others 1985 SCMR 774,
Abdul Bari v. Government of Pakistan and 2 others PLD 1981 Kar. 290,
Government of the Punjab through Secretary, Department of Education, Lahore v. Prof. Mst. Jamida Malik and another 1991 MLD 824,
Fazal Elahi Ejaz and 22 others v. Government of the Punjab and 13 others PLD 1977 Lah. 549,
Province of Punjab v. Syed Bashir Ahmad Bukhari PLD 1982 SC 27,
Federation of Pakistan and others v. Ch. Muhammad Aslam and others 1986 SCMR 916,
Falak Sher Khan v. Mukhtar Ahmad PLD 1989 SC 262
|
| Laws Involved |
Punjab Irrigation and Power Department (Power Wing) Service Rules, 1990,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
R. 1,
S.4
|