Pakistan Case Law
1995 PLC (C.S.) 738

KIFAYATULLAH vs FIDAYAT SHAH, EXECUTIVE ENGINEER, PESHAWAR and 5

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Citation1995 PLC (C.S.) 738
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 306/P of 1994 W
Date1994-12-18
Judge(s)Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo
Authored bySaiduzzaman Siddiqui
ResultLeave granted
Summary

This matter arises from a petition for leave to appeal directed against an interim order passed by the High Court of Peshawar in Writ Petition No. 449 of 1994. The core legal question concerns whether the High Court was justified in entertaining the writ petition and passing the impugned order, given the constitutional and statutory bar contained in Article 212 of the Constitution of Pakistan read with section 4 of the Service Tribunals Act, 1973 regarding matters relating to the terms and conditions of civil servants. Granting leave to consider this bar, the Supreme Court of Pakistan held that the interim order passed by the High Court shall remain operative until the final hearing of the appeal. The key principle laid down is that the constitutional jurisdiction of the High Court under Article 199 is ousted in service matters falling within the exclusive jurisdiction of the Service Tribunal under Article 212.

Questions settled in this judgment
  • 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?
  • Does section 4 of the Service Tribunals Act, 1973 exclude the jurisdiction of the High Court over matters relating to the terms and conditions of service of civil servants?
Laws & provisions referred
  • Article 212, Constitution of Pakistan 1973
  • Section 4, Service Tribunals Act 1973
service matterjurisdiction of High CourtService Tribunalconstitutional barinterim orderleave to appeal

ORDER

1. ' SAIDUZZAMAN SIDDIQUI, J.--- Leave is granted in the case to co isider whether in view of the bar contained in Article 212 of the Constitution of Pakistan read with section 4 of Service Tribunals Act, 1973 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.

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