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Initializing Secure Chambers
Petitioner: MUHAMMAD ISHAQUE and others VS Respondent: GOVERNMENT OF THE PUNJAB through Chief Secretary and others
Court Name: Supreme Court of Pakistan Judge(s): Syed Deedar Hussain Shah, Abdur Rehman Khan Title:MUHAMMAD ISHAQUE and others vs GOVERNMENT OF THE PUNJAB through
Chief Secretary and others Case No.: Civil Petition for Leave to Appeal No,1935-L of 1999 Date of Judgment:2000-11-22 Reported As: 2001 SCMR 575 Result: Leave granted Judgment ORDER ' The petitioners have assailed the correctness of the impugned judgment, dated 16-9-1999, of the Punjab Service Tribunal, Lahore, whereby the appeal filed by them against the departmental authorities was dismissed. 2. Learned counsel for the petitioners by referring to pages 122, 124, 125 and 126, explained the delay which occurred in approaching the Service Tribunal. According to these pages, the petitioners filed a writ petition before the High Court, filed representation and approached the competent authority to decide their representation. Learned counsel also explained that the rules could not be changed to their detriment and that this aspect of the case has not been considered in correct perspective by the learned Tribunal. 3. Learned counsel appearing for the Caveator submitted that the appeal before the Tribunal was not properly instituted, as the Board, which was the competent authority in the matter, was not impleaded as party. Moreover, the joint appeal by the petitioners in the Tribunal was also stated to be bad in law. 4. We grant leave to appeal to consider the following points:-- (i) Whether the petitioners can legally claim to be governed by the rules which prevailed at the time of their induction in service, or they have no vested right to claim so and they will be governed by the amended rules? (ii) Whether the appeal before the Tribunal suffered from laches/undue delay and misjoinder of parties? And (iii) Whether joint appeal before the Board by all the petitioners was not competent?
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5. We are not inclined to grant any interim relief in the matter as it would adversely affect the function of the department before the matter is finally concluded by this Court. However, the main appeal may be fixed for hearing within six months.