PROVINCE OF PUNJAB Through Secretary, Education And Others vs ABDUL
This matter arises from petitions filed by the Province of Punjab through the Secretary, Education, and others against Abdul and others, challenging an order dated 16-8-1982 of the Punjab Service Tribunal. During the proceedings, the Assistant Advocate General for the Government of Punjab stated that the government had finally decided the respondents' cases on 1-8-1985, and this subsequent order had been challenged by the respondents in appeals before the Punjab Service Tribunal. Consequently, the petitioner sought permission to withdraw the petitions. The court found this request reasonable and granted it, dismissing the petitions as withdrawn while safeguarding the government's right to contest the pending appeals before the Service Tribunal on all available legal and factual pleas.
- Can a petitioner withdraw a civil petition when the underlying grievance has been addressed by a subsequent government decision?
- Whether withdrawal of a petition can be permitted without prejudice to the rights of parties to raise contentions before the appropriate tribunal?
ORDER
1. S.A. NUSRAT, J.--Mr. Khalil Ramday, Assistant Advocate General, stated that the Government of Punjab has finally decided the cases of the respondents on 1-8-1985, which order has been challenged by the respondents in appeal before the Punjab Service Tribunal. In the circumstances he sought permission to withdraw the petitions without prejudice to the right of the Government to contest the appeals on the pleas raised in these petitions as well as such pleas as may be raised before the Service Tribunal notwithstanding the observation of the learned Tribunal made in the order dated 16-8-1982 which was impugned in these petitions. The request is reasonable and granted. The petitions are, therefore, dismissed as withdrawn.