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1981 SCMR 838

Sufi.Malik MUHAMMAD SARFRAZ vs GOVERNMENT OF THE PUNJAB THROUGH

Citation1981 SCMR 838
CourtSupreme Court of Pakistan
Case No.C. A. No. 65 of 1979 Appeal No. 761 of 1980
Date1980-12-15
Judge(s)Maulvi Mushtaq Hussain, Shafi-ur-Rehman
ResultPetition dismissed

ORDER

MUSHTAQ HUSSAIN, J. - Sufi Malik Muhammad Sarfraz was appointed Additional Public Prosecutor at Faisalabad and later as Additional District & Sessions Judge on 25th June, 1977 for a period of six months. He continued to function even after the expiry of this period. The Section Officer, S & GAD then informed him in the middle of April, 1978, on behalf off; the Chief Secretary of the Punjab that his ad hoc appointment had expired in October, 1979 and he was therefore, no more in the Government service. The petitioner felt aggrieved and filed Writ Petition No. 5678/S of 1978 which was dismissed by an order of that Court dated 21st February, 1979. Hence this petition for special leave to appeal.

2. The petitioner is not in a position to show that his ad hoc appointment was extended. The letter on behalf of the Chief Secretary, therefore, only conveyed to him the correct position. Even if he had a grievance the proper forum for him to approach was the Punjab Service Tribunal but he instead went to the High Court. The jurisdiction of the High Court in these matters is controlled by Article 199 which specifically lays down that jurisdiction is to be exercised only if there is no alternate remedy.

It cannot be denied that an appeal before the Tribunal L'S more adequate remedy than is furnished by a writ petition before the High Court. It was for this that the High Court. Dismissed the writ petition and we fully agree with it in the finding. This petition has, therefore, no force and is dismissed.

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