GOVERNMENT OF PAKISTAN vs Syed YASIN/Applicant
The petitioner, who successfully defended a civil petition for special leave to appeal which was dismissed by the Supreme Court, sought directions from the Court to compel the Government of Pakistan to pay him arrears of salary for two years based on a decree obtained by him and upheld by the Court. The Supreme Court held that the petition was misconceived, clarifying that the proper remedy for the petitioner to seek implementation of the terms of the decree is to apply directly to the Government or to file a writ petition in the High Court. Consequently, the petition was dismissed.
- Is a petition filed in the Supreme Court to seek directions for the implementation of a decree maintainable?
- What is the proper remedy for a decree-holder seeking implementation of a decree from the Government of Pakistan when the Supreme Court has upheld it?
- Can the Supreme Court issue directions for the payment of arrears of salary based on an upheld decree under a miscellaneous petition?
ORDER
1. MUHAMMAD YAQUB ALI, J.- Civil Petition for Special Leave to Appeal No. K-40 of 1974 was dismissed by the Court on 5-9-1974. The present petitioner was the respondent in that petition. He seeks directions from the Court that on the basis of the decree Obtained lay him which was upheld by this Court, he is entitled to arrears of salary for 2 years but the Government of Pakistan has failed to reimburse him so far.
2. The proper remedy open to the petitioner it the circumstances, is to apply to the Government or to file a Writ petition in the High Court for implementation of the terms of the decree. The present petitionmisconceived and in dismissed as such.