Pakistan Case LawKIFAYAT ULLAH Versus FIDAYAT SHAH and 5 others
This matter arises from a petition for leave to appeal concerning an interim order passed by the High Court of Peshawar in Writ Petition No. 449 of 1994. The core legal question is whether the High Court was justified in passing the impugned order in view of the constitutional bar contained in Article 212 of the Constitution of Pakistan read with section 4 of the Service Tribunals Act, 1974, which restricts the jurisdiction of civil courts and high courts in matters relating to the terms and conditions of civil servants. The Supreme Court granted leave to consider this jurisdictional question and ordered that the interim order dated 27-9-1994 shall remain operative until the final hearing of the appeal. The principle laid down involves the delineation of the exclusive jurisdiction of Service Tribunals vis-a-vis the constitutional writ jurisdiction of the High Courts under Article 212.
- Whether the High Court has jurisdiction to entertain a writ petition in service matters in view of the bar contained in Article 212 of the Constitution of Pakistan read with section 4 of the Service Tribunals Act, 1974?
- Are the High Courts justified in passing interim orders in matters falling within the exclusive jurisdiction of the Service Tribunal?
ORDER
SAIDUZZAMAN SIDDIQUI, J.---Leave is granted in the case to consider whether in view of the bar contained in Article 212 of the Constitution of Pakistan read with section 4 of Service Tribunals Act, 1974 the learned Judges of the High Court of Peshawar, were justified in passing the impugned order in Writ Petition No, 449 of 1994 filed by respondent No,1. The interim order dated 27-9-1994 to remain operative until hearing of the appeal.
Judges on this bench
- Saiduzzaman Siddiqui789 judgments
- Mukhtar Ahmed Junejo485 judgments