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PROVINCE OF PUNJAB versus GHULAM HAIDER


Article 185 (3) read with the Punjab Service Tribunals (XI of 1974), leave to appeal whether the High Court, after the establishment of the service tribunal, the trial court's decree stating the correct date of birth of the employee. Can be restored, the record of its service and its replacement on its basis leave it up to the appeal given to examine the question.

1983 S C MR 171

Present: Muhammad Afzal Zullah, Nasim Hasan Shah, Shafi‑ur‑Rehman, JJ

PROVINCE OF PUNJAB THROUGH COLLECTOR, LYALLPUS

(FAISALABAD)‑‑Petitioner

Versus

Malik GHULAM HAIDER‑Respondent

Criminal Petition for Special to Leave to Appeal No. 651, decided on 23rd June, 1982,

(On appeal against the order of the Lahore High Court dated 14th March, 1981 in C. R. No. 706 of 1976)

Constitution of Pakistan, (1973)

‑‑‑Art. 185(3) read with Punjab Service Tribunals (XI of 1974)‑‑Leave to appeal‑Whether High Court, after establishment of Service Tribunal, could restore decree of trial Court declaring correct date of birth of a civil servant, its substitution in service record and continuing him in service on such basis‑‑‑Leave to appeal granted to examine question.

Khalilur Rahman Ramday, A. A.‑G. and Ijaz Ahmad Khan, Advocate‑on -Record for Petitioner.

Salim Ahmed Malik, Advocate‑on‑Record for Respondent.

Date of hearing : 23rd June, 1982.

ORDER

SHAFI‑UR‑REHMAN, J.

‑Leave to appeal is granted to examine. whether after the establishment of Service Tribunal, the High Court by its judgment dated 14‑3‑1981 could restore a decree of the trial Court declaring the correct" date of birth of the respondent, a civil servant, its substitution in his service record, and continuing him in service on its basis.

The impugned judgment and decree are suspended meanwhile.

Leave granted.

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