DIRECTOR, JINNAH POST GRADUATE MEDICAL CENTRE versus SYED MUHAMMAD HAIDER RIZVI
The suit was given a charge sheet under the relevant disciplinary principles in order to maintain the provisions of Articles 42 and 55 of the Civil Procedure Code (v. 1908), 53 declarations and mandatory injunctions but did not produce any such response, in the circumstances. The purely came-for-service case hearing was within the jurisdiction of the authorized forum and the civil court had no jurisdiction to maintain such dispute that the defendant had to exclude such charge from the authorized forum. The operation was not performed because the dispute was subject to service rules / regulations. The sheet was to be considered as valid and correct, therefore, the question of pension / retirement benefits was also exclusively under the jurisdiction of the service tribunal and could not be enjoyed by the civil court suit filed by the plaintiff. There were no more decisions to be made and sustained. And the decree passed by the two courts below is dealing with illegal acts, allowing review, the judgment / order passed by the two courts was set aside, and the plaintiff's case He was freely dismissed for referring to compeable forums for the purpose of obtaining pension / retirement benefits.
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