PROVINCE OF PUNJAB Through Collector vs MUHAMMAD IQBAL QURESHI And Other
This petition for leave to appeal arises from a judgment of the Lahore High Court, Bahawalpur Bench, concerning the jurisdiction of civil courts in service matters. The core legal questions involve whether the civil court possessed the jurisdiction to adjudicate the suit in light of the provisions of the Punjab Service Tribunal Act, 1974, and whether the High Court correctly determined that the civil court had jurisdiction. Furthermore, the petition challenges the High Court's finding regarding the entitlement of the petitioners to retain N.P.S.-16 status despite failing to pass the departmental examination. The Supreme Court of Pakistan, finding these issues to be of public importance, granted leave to appeal to consider the jurisdictional and service-related questions raised. The Court ordered that the matter be heard on the existing record, with liberty for parties to file additional documents, and suspended the operation of the impugned order of the High Court pending the final adjudication of the appeal.
- Does a civil court have jurisdiction to adjudicate matters falling under the Punjab Service Tribunal Act 1974?
- Is the finding of the High Court regarding the jurisdiction of the civil court in service matters correct under the Punjab Service Tribunal Act 1974?
- Are employees entitled to retain N.P.S.-16 status if they have not passed the required departmental examination?
- Section 3, Punjab Service Tribunal Act 1974
- Section 4, Punjab Service Tribunal Act 1974
ORDER
MIAN BURHANUDDIN KHAN, J.-- By this petition leave is sought to appeal against the judgment and order of a learned single Judge of the Lahore High Court, Bahawalpur Bench, dated 13-2-1985 passed in Civil Revision No.150/1981/BWP on that following questions (1) whether the civil Court has no jurisdiction to adjudicate upon the matter involved in the suit out of which the present petition for Leave to Appeal has arisen (2) whether the finding of the learned High Court that the Civil Court had the jurisdiction to try the suit, is correct and is in consonance with the provisions of sections 3 and 4 of the Punjab Service Tribunal Act, 1974 (3) whether the learned High Court has rightly decided that the finding of the learned Appellate Court that the Civil Court had no jurisdiction and as such cannot be sustained; (4) whether the finding of the learned High Court Judge that the learned District Judge was not right in holding that because the petitioners had not passed the departmental examination, therefore, they were not entitled to retain N.P.S.-16, is correct.
2. We have considered the points raised, and find the same of public importance. Leave granted to consider inter alia the points raised by the learned counsel. To be heard on the present record with liberty to the parties to file additional documents, if so desired.
Operation of the impugned order suspended meanwhile. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.