M. SIRJEES NAGI vs ZIA-UD-DIN AHMED MALIK and 2 others
This matter concerns a petition for leave to appeal against an order of the High Court granting a status quo order in a service-related dispute. The petitioner contends that the High Court lacked jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, because the dispute pertained to the terms and conditions of service. Furthermore, the petitioner alleges that the respondent obtained the status quo order by suppressing the fact that a related petition for leave to appeal (C.P.L.A. No. 371 of 1995) was pending before the Supreme Court. Additionally, the petitioner argues that the High Court's status quo order conflicts with a prior order of the Supreme Court dated 26-3-1995. The Supreme Court granted leave to appeal, finding that the contentions required examination. Pending the final adjudication, the Court suspended the High Court's status quo order and directed that if a Selection Board meeting is convened for promotions to BPS-21, all eligible candidates must be considered.
- Does the High Court have jurisdiction under Article 199 of the Constitution to entertain a service dispute concerning terms and conditions of service?
- Can a status quo order granted by the High Court be suspended by the Supreme Court pending appeal?
- Does the suppression of material facts regarding pending litigation in the Supreme Court invalidate a subsequent status quo order granted by the High Court?
- Article 199, Constitution of the 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 1991. 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 tl_ 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. 1 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.