PAKISTAN AGRICULTURAL RESEARCH COUNCIL vs Dr. Mirza BARJEES BAIG and others
This petition for leave to appeal is directed against the order of the Lahore High Court, Rawalpindi Bench, which accepted a Constitution petition filed by a Scientific Officer of the Pakistan Agricultural Research Council and directed the Council to pay his pay and allowances during his period of Extraordinary Leave abroad, parity having been granted with another employee. The core legal question raised by the petitioners before the Supreme Court was whether the High Court lacked jurisdiction to grant the relief in view of the newly-inserted section 2-A of the Service Tribunals Act, 1973, concerning terms and conditions of service. The Supreme Court granted leave to appeal to consider the jurisdictional point raised regarding the Service Tribunal's exclusive domain over service matters, maintaining interim orders until final disposal.
- Does the High Court have jurisdiction to grant relief regarding terms and conditions of service in view of section 2-A of the Service Tribunals Act 1973?
- Can an employee claim parity in treatment regarding pay and allowances during extraordinary leave abroad based on the case of another employee?
- Section 2-A, Service Tribunals Act 1973
ORDER
' IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the order dated 1-12- 1998 of the 'Lahore High Court, Rawalpindi Bench, passed in Writ Petition No.453 of 1998.
2. Brief facts are that the private respondent herein is a Scientific Officer in Pakistan Agricultural Research Council, Islamabad (hereinafter referred to as the Council). He was sent abroad for higher studies/Ph.D. With effect from 25-12-1989 to 29-6-1996 and this period was treated as on Extraordinary Leave (EOL) by the council. He was not paid his pay and allowances for the above period. Later, he came to know that one Dr. Waqar Malik was, in similar circumstances, granted his pay and allowances for the period he remained abroad, treating his E.O.L. As on duty. He also applied for same relief but his request was turned down.
3. Being aggrieved, the private respondent approached the High Court through a Constitution petition seeking extension of same treatment to him as was meted out to Dr. Waqar Malik in similar circumstances by treating the period of his stay abroad as on duty and consequential relief thereof. The learned High Court accepted the writ petition and directed the Council, petitioners herein, to pay the requisite pay and allowances and other benefits within seven days from the passing of the impugned order as had been done in the case of Dr. Waqar Malik and several others.
4. Messrs Fazal Elahi Siddiqui and Abdul Karim Kundi, learned counsel appearing on behalf of the petitioners argued that the controversy raised in this petition related to the terms and conditions of service of the respondent, therefore, in view of the newly-inserted section 2-A of the Service Tribunals Act, 1973, the High Court had no jurisdiction to grant the relief prayed for by the respondent.
5. Leave to appeal is granted to consider the above points. Meanwhile, interim order dated 16-2- 1999, shall continue till the final disposal of the appeal, The Office is directed to fix this appeal along with the other connected appeals, if any, within six months, subject to the order of Hon'ble Chief Justice.
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