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Official Citation: 1992 PLC(CS) 278
Court / Jurisdiction: KARACHI-HIGH-COURT-SINDH
Parties: MUHAMMAD QUTUBUDDIN vs FEDERATION OF PAKISTAN
This judicial decision was delivered by the KARACHI-HIGH-COURT-SINDH. The matter involves proceedings between MUHAMMAD QUTUBUDDIN and FEDERATION OF PAKISTAN, officially reported as 1992 PLC(CS) 278. The court reviewed applicable Pakistani statutes, procedural requirements, and governing case-law authorities. The full text below contains the complete facts, arguments, and legal reasoning rendered by the honorable bench.
1992 P L C (C
1992 P L C (C.S.) 278
[Karachi High Court]
Before Mamoon Kazi and Salahuddin Mirza, JJ
MUHAMMAD QUTUBUDDIN
Versus
FEDERATION OF PAKISTAN through the Secretary, Establishment Division, Islamabad and 2 others
Constitutional Petition No. 977 of 1988, decided on 27th March, 1991.
Civil Servants Act (LXXI of 1973)---
----S. 13(ii)(2)---Constitution of Pakistan (1973), Art. 199---Retirement of civil servant---Petitioner who was retired from service after completion of 25 years under S. 13 of Civil Servants Act, 1973 challenged his retirement before Service Tribunal, but without any success---After about two years from retirement of petitioner, Federal Shariat Court decided that provisions of S. 13 of the said Act were violative of Injunctions of Islam and that judgment of Federal Shariat Court was upheld by Supreme Court and fixed target date for relevant amendment in the law---Petitioner after about six years from his retirement filed Constitutional petition in light of decision of Supreme Court---Petition which otherwise was filed after lapse of six years from retirement, was completely devoid of force firstly because petitioner who had already approached Federal' Service Tribunal for redress to respect of same grievance had not disclosed that fact in his memorandum of petition---Secondly judgment of Supreme Court amending S.13 of Act, had no retrospective effect as same did not deal with cases already concluded and decided---In view of latest judgment of Supreme Court (1990 SCMR 1508) transactions which were past and closed could not be re-opened---Petition, additionally suffered from laches and matter involved fell within the exclusive jurisdiction of Federal Service Tribunal under Art. 212 of the Constitution---Petition was consequently dismissed.
Pakistan and others v. Public-at-Large PLD 1987 SC 304; Prof. Waqar Ahmed and others v. Government of Balochistan 1990 SCMR 1508 and PLD 1987 SC 304 ref.
G.M. Saleem for Petitioner.
S.M. Shahoodul Haq for Respondents.
Date of hearing: 27th March, 1991.