| Case ID |
ed98157b-2368-4b65-afc8-2e657bec5a57 |
| Body |
View case body. Login to View |
| Case Number |
155/107 of 1983 |
| Decision Date |
Nov 16, 1983 |
| Hearing Date |
|
| Decision |
The appeal made by Kamaluddin and 30 others, Readers of the Lahore High Court, was dismissed by the Tribunal on grounds of res judicata, as the same claim for upgradation to Pay Scale No. 16 from 1-3-1972 had been previously adjudicated. The Tribunal emphasized that it has no power to review its earlier orders and that the appellants had previously sought similar relief which was not granted. The Tribunal confirmed that the parties, issues, and prayers remained the same, thus applying the principles of res judicata. The appellants were informed that the remedy available to them was to appeal to the Supreme Court of Pakistan. No order as to costs was made in this case. |
| Summary |
In the case of Kamaluddin and 30 others vs. Secretary to Government of Punjab, Finance Department, the appellants, who are Readers of the Lahore High Court, sought an upgrade to Pay Scale No. 16 effective from March 1, 1972. They argued that a previous judgment in their favor had not been fully implemented concerning the date of upgradation. The Tribunal found that the claim was barred by the principle of res judicata, as the same issue had been decided previously. The court reiterated that it cannot review its past decisions and that the appellants had already sought this relief in an earlier appeal. The decision reinforces the importance of finality in judicial decisions and highlights the appropriate channels for appeal. This case is significant for understanding the application of res judicata in administrative law and the limitations of tribunal powers regarding review of decisions. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL JABBAR KHAN,
MALIK ZAWWAR HUSSAIN,
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Allah Wasaya,
A.G. Humayun
|
| Petitioners |
30 others,
KAMALUDDIN
|
| Respondents |
another,
SECRETARY TO GOVERNMENT OF PUNJAB, FINANCE DEPARTMENT
|
| Citations |
1986 SLD 2408,
1986 PLC 1042
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Civil Procedure Code (V of 1908)
|
| Sections |
4,
11
|