PROVINCE OF PUNJAB through Secretary, Education Department and anothers vs SAEED AHMED KHAN
This appeal challenges an interim order passed by the Lahore High Court, which admitted a writ petition for regular hearing and suspended the appointment of a Director (Sports) while the matter remained sub judice. The core legal question before the Supreme Court was whether the High Court possessed jurisdiction to entertain the writ petition, particularly in light of the bar imposed by Article 212 of the Constitution of Pakistan 1973 regarding service matters. The Supreme Court, having already set aside a related Service Tribunal order that had improperly antedated the respondent's promotion, declined to decide the jurisdictional issue at the interim stage. Instead, the Court dismissed the appeal and directed the High Court to proceed with the final adjudication of the writ petition, explicitly instructing the High Court to determine the question of its own jurisdiction under Article 212 within two months. The principle laid down is that where a matter involves complex service issues and pending related litigation, the High Court should be allowed to resolve the entire controversy, including jurisdictional challenges, in its final judgment rather than having interim orders adjudicated piecemeal by the Supreme Court.
- Does the High Court have jurisdiction to entertain a writ petition regarding service matters in light of Article 212 of the Constitution of Pakistan 1973?
- Is it appropriate for the Supreme Court to decide the question of High Court jurisdiction at the interim stage of a writ petition?
- Does a Service Tribunal have the competence to antedate the promotion of a civil servant?
- Article 212, Constitution of Pakistan 1973
- Rule 10(a), Punjab Civil Service (Appointment and Conditions of Service) Rules 1974
- Directorate General (Sports) Punjab Service Rules 1985
' SAJJAD ALI SHAH, J.---In this appeal with leave of the Court is challenged order dated 14-3-1992 passed by the Lahore High Court in Writ Petition No, 1523 of 1992 filed by respondent herein Saeed Ahmed Khan, whereby the said writ petition is admitted for regular hearing with notice to the other side and meanwhile operation of order of appointment of Miss Shahida Khanum as Director Sports, Directorate General of Sports, Punjab, is suspended.
2. Writ petitioner has called in question Notification dated 13-1-1992 as without lawful authority and of no legal effect, by which Miss Shahida Khanum is appointed as Director (Sports). Writ petitioner has further prayed that he should be considered for promotion to that post.
3. In the memorandum of writ petition it is stated that the writ petitioner as Assistant Director was waiting to be promoted as Deputy Director and in that connection he had filed appeal before the Punjab Service Tribunal, during the pendency of which, a seniority list dated 15-11-1990 was published showing writ petitioner at S. No, 1 of the list of Assistant Directors and was subsequently promoted as Deputy Director in BPS-18 with effect from 31-12-1990. He claimed promotion from the back date when the vacancy had occurred on 29-11-1984 and in that connection had filed appeal before Service Tribunal, which was allowed ante-dating date of promotion from 30-6-1985 when the Directorate General (Sports) Punjab Service Rules, 1985 were promulgated.
4. The Government of Punjab (Education Department) filed petition for leave to appeal in this Court against the order of the Service Tribunal and also against the order of the High Court in writ petition admitting the same for regular hearing and suspending operation of order of appointment of Miss Shahida Khanum. Leave has been granted by this Court by order common in both the petitions. In this appeal leave is granted to examine whether the High Court's jurisdiction was not totally barred in the matter in view of Article 212 of the Constitution.
5. At the leave grant stage operation of the interim order passed by the High Court suspending appointment order of Miss Shahida Khanum was suspended. We have heard both these appeals together. We have allowed Civil Appeal No, 514/92 and have set aside the order of the Service Tribunal to the extent of declaring promotion of Saeed Ahmed Khan effective from back date when Directorate General, Punjab- (Sports) Punjab Service Rules, 1985 were promulgated as it was not within the competence of the Service Tribunal to do so.
6. In this appeal since final order is not passed by the High Court and petition was filed in this Court against interim order, we feel inclined to allow the High Court to decide this writ petition finally including question of jurisdiction whether it is barred under Article 212 of the Constitution or not. We hold this view for the reason that it appears from the memoradum of writ petition that the writ petitioner has called in question appointment of Miss Shahida Khanum as Director (Sports) on acting charge basis to which she was not entitled as contemplated in Rule 10(a) of the Punjab Civil Service (Appointment and Conditions of Service) Rules, 1974, which was added on 26-2-1983, benefit of which is claimed by the writ petitioner for himself. The fact that connected civil Appeal No, 514/92 is disposed of by this Court holding that Service Tribunal was not competent to antedate the promotion of Saeed Ahmed Khan would also help in the disposal of the writ petition. In the circumstances and for the facts and reasons stated above, we dismiss this appeal with observation that the High Court should dispose of the writ petition finally within 2 months from the date of the announcement of the judgment by this Court.