PROVINCE OF PUNJAB THROUGH COLLECTOR, LYALLPUS (FAISALABAD) vs Malik GHULAM HAIDER
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by the Province of Punjab against a judgment of the High Court dated 14-3-1981. The core legal question examined by the Court is whether, following the establishment of the Service Tribunal, the High Court possessed the jurisdiction to pass a judgment restoring a trial court decree that declared the correct date of birth of a civil servant, ordered its substitution in his service record, and continued him in service on that basis. Granting leave to appeal, the Supreme Court held that the operation of the impugned judgment and decree of the High Court shall be suspended meanwhile. The principle laid down relates to the jurisdictional limits of the High Court in service matters concerning civil servants after the constitutional and statutory establishment of Service Tribunals.
- Whether after the establishment of Service Tribunal, the High Court could restore a decree of the trial Court declaring the correct date of birth of a civil servant?
- Does the High Court retain jurisdiction in service matters of civil servants after the establishment of the Service Tribunal?
ORDER
1. SHAFI-UR-REHMAN, J. -Leave to appeal is granted to examine. Whether after the establishment of Service Tribunal, the High Court by its judgment dated 14-3-1981 could restore a decree of the trial Court declaring the correct" date of birth of the respondent, a civil servant, its substitution in his service record, and continuing him in service on its basis.
2. The impugned judgment and decree are suspended meanwhile.