ABDUL QAYYUM MIRZA vs THE COMMISSIONER and others

This matter concerns a petition for leave to appeal filed by Abdul Qayyum Mirza, a former Superintendent in the Deputy Commissioner's Office, Rawalpindi, challenging the dismissal of his appeal by the Punjab Service Tribunal. The petitioner had been compulsorily retired from service by the Commissioner, Rawalpindi Division, under the provisions of the Punjab Civil Servants Act, 1974, upon completing 25 years of service in the public interest. The core legal question before the Supreme Court was whether the petitioner could maintain his challenge against the order of compulsory retirement in light of prevailing constitutional instruments. Upon hearing the arguments presented by the petitioner's counsel, the Supreme Court held that it could not grant the requested relief. The Court determined that the petitioner's case was barred by the operation of the Provisional Constitution Order, which had come into force on 24 March 1981. Consequently, the petition for leave to appeal was dismissed, affirming that the legal protections or avenues for challenge were precluded by the specific constitutional order in effect at the relevant time.