PROVINCE OF PUNJAB Versus GHULAM HAIDER
This matter concerns a petition for leave to appeal against a judgment of the High Court, which had restored a trial court decree declaring the correct date of birth of a civil servant and ordering its substitution in his service record, thereby allowing him to continue in service. The core legal question presented for the Supreme Court's consideration is whether the High Court retained jurisdiction to adjudicate upon such service-related matters, specifically the determination of a civil servant's date of birth and service record entries, following the establishment of the Service Tribunal. The Supreme Court granted leave to appeal to examine the scope of the High Court's jurisdiction in light of the Service Tribunals Act, 1973, and the constitutional bar on the jurisdiction of other courts in service matters. Pending the final adjudication of this appeal, the Supreme Court suspended the operation of the impugned judgment and decree passed by the High Court, thereby preserving the status quo regarding the respondent's service status until the matter is definitively resolved by the apex court.
- Does the establishment of a Service Tribunal oust the jurisdiction of the High Court to adjudicate matters concerning the service record and date of birth of a civil servant?
- Can the High Court restore a trial court decree regarding a civil servant's date of birth after the enactment of the Service Tribunals Act 1973?
- Service Tribunals Act 1973
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.
3. Leave granted.