Pakistan Case Law
1990 SCMR 442

Mrs. AQEELA ASGHAR ALI vs MISS KHALIDA KHATOON MALIK and others

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Citation1990 SCMR 442
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos.904, 905, 746 and 922 of 1988
Date1989-05-21
Judge(s)Ghulam Mujaddid and Saad Saood Jan
Authored byGhulam Mujaddid
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from four separate petitions for special leave to appeal assailing the judgment of the Punjab Service Tribunal, filed by both private parties and the Government who remained unsatisfied with the decision. The core legal question involves an important matter of law of public importance requiring an authoritative pronouncement by the Supreme Court. The Court held that the petitions warrant detailed examination and accordingly granted leave to appeal in all four petitions, directing the appeals to be made ready on the present record with permission to file additional documents, while ordering the continuation of the interim order dated 10-5-1989. The key principle laid down is that matters involving substantial questions of law of public importance merit a full hearing and authoritative pronouncement by the apex court upon the grant of leave to appeal.

Questions settled in this judgment
  • Does a service matter involving a question of law of public importance warrant the grant of leave to appeal?
  • Can both private parties and the Government challenge a judgment of the Punjab Service Tribunal through petitions for special leave to appeal?
leave to appealservice tribunalservice mattersupreme court practicequestion of law

ORDER

1. ' GHULAM MUJADDID, J.--The judgment of the Punjab Service Tribunal has been assailed by means of four separate petitions for special leave to appeal. Neither the private parties nor the Government are satisfied.

2. We think the matter needs detailed examination because an important question of law of public importance is involved in these petitions which calls for an authoritative pronouncement by this Court.

3. ' Accordingly we grant leave to appeal in all the four petitions. Security Rs,5,000 each in C.P.Nos.904 and 905 of 1988.

4. ' Appeals to be made ready on the present record. The parties if they so wish may file additional documents within two months.

5. ' Interim order dated 10-5-1989 shall continue.

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