| Case ID |
ffd7c69c-a4fd-414f-b430-7de59db90af1 |
| Body |
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| Case Number |
Writ Petition No. 991 of 1989 |
| Decision Date |
Apr 17, 1990 |
| Hearing Date |
Apr 17, 1990 |
| Decision |
The petitions were dismissed on the grounds that the jurisdiction to challenge the termination order lay with the Punjab Service Tribunal, not the High Court. The court ruled that the Service Tribunal had exclusive jurisdiction in matters related to the terms and conditions of service of civil servants, as per Article 212 of the Constitution. The court also noted that the powers of the High Court under Article 199 are limited, and it cannot interfere with an order unless it is made without jurisdiction or lawful authority. |
| Summary |
This case, heard in the Lahore High Court, involved the termination of temporary junior clerks appointed in BPS-5 by the Directorate of Education in Multan. The petitioners, led by Mst. Shagufta Yunus, challenged their termination, which was allegedly directed by the Education Minister. The court examined the jurisdiction of the Service Tribunal under the Punjab Service Tribunals Act and the constitutional provisions, ultimately dismissing the petitions. The court emphasized the exclusive jurisdiction of the Service Tribunal in service matters, reinforcing that the High Court's role is limited unless orders are made without jurisdiction. This case highlights the procedural nuances in service law and the importance of jurisdictional boundaries. Keywords: Service Tribunal, Lahore High Court, jurisdiction, constitutional law, civil servants. |
| Court |
Lahore High Court
|
| Entities Involved |
Directorate of Education (Schools), Multan Division
|
| Judges |
ZIA MAHMOOD MIRZA, J
|
| Lawyers |
Altaf Ibrahim,
Tassadaq Hussain Jillani
|
| Petitioners |
Mst. SHAGUFTA YUNUS and others
|
| Respondents |
DIRECTOR, EDUCATION and others
|
| Citations |
1994 SLD 547,
1994 PLC 163
|
| Other Citations |
PLD 1983 SC 100,
PLD 1988 SC 387,
PLD 1989 SC 508,
1981 PLC (C.S.) 190,
1981 PLC (C.S.) 277,
Muhammad Aslam Bajwa v. Federation of Pakistan PLD 1974 Lah. 545,
M. Yameen Qureshi v. Islamic Republic of Pakistan and another PLD 1980 SC 22,
Iqan Ahmad Khurram v. Government of Pakistan PLD 1980 SC 153,
Mian Amanul Mulk v. N.W.F.P. through Chief Secretary PLD 1981 Pesh. 1,
Dr. Raja Mansoor Elahi v. N.W.F.P. PLD 1980 Pesh. 81
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
199,
212,
3,
4
|