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KHADIM HUSSAIN versus GOVERNMENT OF PUNJAB


Allow the applicant's claim to be appealed on the basis of the decision of the Respondents (Provincial Government) of Article 2 Provincial Liaison Committee, which are not bound by any law under the decisions of the Provincial Liaison Committee, It only takes effect if the respondents are accepted.

1981 S C M R 1078

Present : Mushtaq Hussain and Shafi-ur-Rehman, JJ

KH D M HUSSAIN AND 2 OTHERS-Petitioners

Versus

GOVERNMENT OF THE PUNJAB AND OTHERS-Respondents

Civil Petition for Special Leave to Appeal No. 575 of 1980, decided on 14th December, 1980. . .

(On appeal against, the order passed by the' Service Tribunal Punjab, Lahore).

Constitution of Pakistan (1973)- .

Art. 185(3)-Leave to appeal-Claim of petitioner based on decision of Provincial Co-ordination Committee-Respondent (Provincial Government), held, not bound under any law by decisions of Provincial Co-ordination Committee which becomes effective in a Prpvince only upon respondent accepting it.

Izhar-ul-Haq, Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners

Date of hearing : 14th December, 1980.

ORDER

MUSHTAQ HUSSAIN, J

.-The Provincial Co-ordination Committee decided to grant 5 advance increments to persons holding a Master's Degree in the Physical and Natural Sciences and serving as lecturers in colleges. Instructors and Senior Instructors of polytechniques also applied for it. The Punjab Government decided to accept the decision of the Provincial Co-ordination. Committee only in respect to Instructors and Senior Instructors who were appointed on regular basis in N. P. S. 17 and who held the posts on 30-4-1977.

2. The petitioners are ad hoc Officers and, therefore, do not fall within this category. They filed-an appeal before the Tribunal which took note of their submissions and expressed itself in favour of their demand and disposed of the appeal without issuing any direction. Hence this petition for special leave to appeal.

3. We have heard the learned counsel for the petitioners who base their claims upon the decision of the Provincial Co-ordination Committee. The various Provincial sGovernments are not bound under any law by decisions of the Provincial Co-ordination Committee which becomes effective in -a Province only upon the Provincial Government's accepting the same. The petitioners have, therefore, no case on the legal plain. In fact, they should thank their stars that the Tribunal has made a recommendation which, of course, they could use in representing their case before the Govermnent in their favour. This petition is, therefore, dismissed.

Petition dismissed.

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