M . SIRJEES NAGI vs ZIA-UD-DIN AHMED MALIK And 2 Others
This matter arises from a petition for leave to appeal challenging an interim status quo order passed by the High Court in a service dispute. The core legal questions involve whether the High Court's jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan 1973 is barred in service matters relating to terms and conditions of service, whether a subsequent status quo order was obtained through the suppression of material facts regarding a pending petition before the Supreme Court, and whether the High Court's order conflicted with a prior order of the Supreme Court. The Supreme Court granted leave to appeal to examine these contentions. Holding that the petitioner's contentions required detailed examination, the Court suspended the status quo order granted by the High Court and directed that if a meeting of the Selection Board is convened for promotion to BPS-21, all eligible candidates must be considered in that meeting. The key principle laid down is that interim orders conflicting with Supreme Court directions or obtained by suppressing material facts regarding pending litigation are subject to suspension, and eligible candidates must be fairly considered for promotion during pending proceedings.
- Whether the jurisdiction of the High Court under Article 199 of the Constitution is barred in disputes relating to the terms and conditions of service?
- Does obtaining a status quo order by suppressing the fact of a pending petition before the Supreme Court warrant the suspension of such order?
- Can a High Court grant an interim order that is in direct conflict with a prior order passed by the Supreme Court?
- Article 199, Constitution of Islamic Republic of Pakistan 1973
ORDER
1. SAIDUZZAMAN SIDDIQUI, J.---The petitioner inter alia, contends that the dispute raised by respondent No. 1 in his Writ Petition No.931 of 1995 before the High Court related to the terms and conditions of service and therefore, the jurisdiction of High Court under Article 199 of the Constitution of Islamic Republic of-Pakistan was barred. It is also contended that the application for grant of status quo was dismissed by the High Court on 24-7-1995 and against that order respondent No. 1 had filed C.P.L.A. No. 371 of 1995 in this Court which is pending and therefore, the subsequent status quo order granted by the High Court on 13-8-1995 was obtained by suppression of the facts regarding pendency of C.P.L.A. No.371 of 1995. In addition to these contentions, the petitioner further submitted that the order of status quo granted by the High Court was in direct conflict with the, order of this Court dated 26-3-1995 passed in Civil Appeal No. 226 of 1993. The contentions raised by the petitioner requires examination and we, accordingly, grant leave to appeal. The petitioner has filed an application for suspension of the status quo order granted by the High Court. After hearing the petitioner, respondents Nos. I and 3 and learned Deputy Attorney- General, who was present in Court in some other case, we direct that the status quo order granted by the High Court is suspended with direction to respondent No. 2 that in case any meeting of Selection Board is convened for promotion of the officers to BPS-21, then all the eligible candidates will be considered in the said meeting.