| Case ID |
ec691247-1c4a-4cb7-b4aa-c1ef310d5aa9 |
| Body |
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| Case Number |
Criminal Original No. 283-W of 1980 |
| Decision Date |
Dec 15, 1981 |
| Hearing Date |
Dec 14, 1981 |
| Decision |
The Lahore High Court dismissed the petitioner's appeal regarding fixation of seniority, stating that the Government was not bound to accept the recommendations made by the Punjab Civil Service Tribunal. The court held that the petitioner had no cause of action as the recommendations were not acted upon, and thus the petition was without merit. Furthermore, the court concluded that the respondent did not act contumaciously in failing to implement the Tribunal's recommendations, as the Government faced administrative and financial difficulties in creating permanent posts retroactively. |
| Summary |
This case involves the Lahore High Court's decision on the petition filed by Islam Hassan Khan against the Secretary of Industries Government of Punjab regarding the fixation of seniority and the conversion of temporary posts into permanent ones. The petitioner argued that despite recommendations from the Punjab Civil Service Tribunal, he had faced compulsory retirement without relief. The court analyzed the legal framework of the Punjab Service Tribunals Act, the Contempt of Court Act, and the Constitution of Pakistan, ultimately dismissing the petition due to lack of actionable cause and the Government's administrative challenges. The case highlights significant issues in administrative law, public service regulations, and the implementation of tribunal recommendations, making it crucial for understanding civil service rights and judicial authority. Keywords related to this case include 'Punjab Service Tribunal', 'Contempt of Court', 'seniority fixation', 'judicial recommendations', and 'government regulations'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKURUL SALAM, J
|
| Lawyers |
Ahmed Hassan Khan for Petitioner,
Khalil Ramdey, A. A.G. for Respondent
|
| Petitioners |
ISLAM HASSAN KHAN
|
| Respondents |
SECRETARY, INDUSTRIES GOVERNMENT OF PUNJAB
|
| Citations |
1984 SLD 387,
1984 PLD 338
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (1X of 1974),
Contempt of Court Act (LXIV of 1976),
Constitution of Pakistan (1973)
|
| Sections |
4,
3 & 4,
199
|