The petitioner through this Constitutional petition has prayed for direction to the respondent to implement the judgment of the Punjab Service Tribunal dated 6-12-1997. The petition was admitted to hearing. Notice was issued to the respondent. The parawise comments have been filed.
2. The learned counsel for the petitioner argued that date of birth of the petitioner was declared by the Tribunal as 13th of March, 1939 instead of 13th of March, 1937, therefore, the respondent is under legal obligation to give effect to the same and take the petitioner on duty.
3. On the other hand learned Additional Advocate-General submits that the respondent in the appeal before the Punjab Service Tribunal contacted the Punjab University and was informed that the date of birth of the petitioner recorded with the University remained as 13th of March, 1937, therefore, the petitioner is not entitled to the relief prayed for in the Constitutional jurisdiction.
4. The learned counsel for the petitioner while summing up the arguments submitted that date of birth of the petitioner as 13th of March, 1939 was accepted by the Tribunal after examining official of the Punjab University with the record and hearing the Government, therefore, the matter is now between the Government and the respondent and Punjab University has nothing to do with this issue.
5. I have given my anxious consideration to the arguments and gone through the record. The upshot of this discussion is that the respondent is under legal obligation to give effect to the judgment of the Punjab Service Tribunal and filing of appeal does not operate as suspension of the judgment of the Tribunal. In case of non-compliance of the judgment of the Tribunal the officials can have resort to the Constitutional jurisdiction. This has been decided in the cases reported as S.H.H. Rizvi and 5 others v. Maqsood Ahmad and 6 others (PLD 1981 SC 612) and S.Inamul Hag v.
Secretary, Establishment Division, Government of Pakistan (1983 CLC 1954).
6. In this view of the matter this writ petition is accepted and the respondent is directed to give effect to the judgment of the Punjab Service Tribunal by 6th of April, 1998. This is subject to the order/judgment of the Honorable Supreme Court passed in Miscellaneous petition or in the main appeal.
There will be no order as to costs.