Pakistan Case Law
1987 SCMR 1138

AHMAD ABDUL RAHEEM vs PROVINCE OF PUNJAB And Other

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Citation1987 SCMR 1138
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 431 of 1981 Appeal No. 420 of 1979
Date1984-06-13
Judge(s)Nasim Hasan Shah and M.S.H. Quraishi
Authored byNasim Hasan Shah
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal was directed against a judgment of the Punjab Service Tribunal which had partially accepted the petitioner's appeal regarding service-related grievances. The Supreme Court reviewed the matter and determined that the Tribunal's judgment did not warrant interference, as the petitioner's core grievances had been substantially addressed. However, the petitioner contended that the Provincial Government had failed to implement the relief granted by the Tribunal. Expressing regret over the potential non-compliance, the Supreme Court disposed of the petition with a specific directive to the Provincial Government. The Court held that orders passed by a Service Tribunal must be implemented by the relevant government authorities in their true letter and spirit without delay. The principle established is that administrative authorities are legally obligated to execute the directions of a Service Tribunal promptly, and failure to do so constitutes a valid ground for judicial intervention to ensure compliance with the Tribunal's adjudication.

Questions settled in this judgment
  • Is a Provincial Government legally obligated to implement the judgment of a Service Tribunal?
  • Can the Supreme Court issue a directive to the Provincial Government to implement a Service Tribunal's decision if it has not yet been executed?
Service TribunalImplementation of judgmentProvincial GovernmentService mattersJudicial directive

ORDER

1. NASIM HASAN SHAH, J.--This petition is directed against the judgment dated 18-1-1981 passed by the Punjab Service Tribunal accepting, in part, the appeal preferred by the petitioner before it.

2. We have heard Mr. Mohammad Ismail Qureshi, in support of this petition and feel that the judgment of the learned Punjab Service Tribunal does not require any interference as the grievance of the petitioner has been largely met. The learned counsel or the petitioner, however, submitted that the relief given by the Punjab Service Tribunal has not yet been given effect to by the Provincial Government.

3. This is a matter of regret if this complaint is, indeed, correct. We would, therefore, direct the Provincial Government to implement the judgment of the Service Tribunal in the letter and spirit forthwith if this has not yet been done. This petition, with these observations, stands disposed of.

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