M. SIRJEES NAGI vs ZIAUDDIN AHMED MALIK and 2 others
This matter arises from a petition for leave to appeal challenging the orders passed by the High Court in Writ Petition No. 931 of 1995. The core legal questions concern whether the High Court had jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan to entertain a service dispute, 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 an earlier judgment of the Supreme Court. The Supreme Court granted leave to appeal to examine these contentions. As an interim measure, the Court suspended the status quo order granted by the High Court and directed that any meeting of the Selection Board convened for the promotion of officers to BPS-21 must consider all eligible candidates. The principle laid down is that interim injunctive relief may be suspended when it potentially conflicts with superior court orders or is allegedly obtained through the suppression of material facts.
- Whether the jurisdiction of the High Court under Article 199 of the Constitution is barred in matters relating to the terms and conditions of service?
- Does the grant of a status quo order by the High Court while a petition for leave to appeal is pending before the Supreme Court amount to suppression of facts?
- Can a High Court pass an interim order that is in conflict with a prior order of the Supreme Court?
- Article 199, Constitution of Islamic Republic of Pakistan
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 Civil Petition for Leave to Appeal No,371 of 1995 in this Court which is pending, and therefore, the subsequent status quo by the High Court on 13-8-1995 was obtained by suppression of the facts regarding pendency of Civil Petition for Leave to Appeal 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 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 by the High Court is suspended with direction to respondent No,2 that in case any meeting of Selection Board is convened for A promotion of the officers to BPS.21, then all the eligible candidates will be considered in the said meeting.