PROVINCE OF PUNJAB through Director of Agriculture (E & M), Government
This petition for leave to appeal is directed against the judgment of the Lahore High Court, which directed the Secretary Agriculture, Government of Punjab, to relax the recruitment ban in favor of the respondent whose temporary service as an Inspector Market Committee was terminated pursuant to a directive of the Prime Minister Secretariat. The core legal question is whether the High Court was competent and justified to interfere in the matter and direct the relaxation of a recruitment ban regarding the termination of a service appointee. The Supreme Court granted leave to consider the competency and justification of the High Court's order, particularly in light of the bar contained under Article 212 of the Constitution regarding the terms and conditions of service. The operation of the impugned order was suspended pending the hearing of the appeal. The key principle laid down involves examining jurisdictional bars concerning service matters and the competence of constitutional courts to issue directives for relaxing recruitment bans.
- Whether the High Court has jurisdiction to interfere in matters relating to the terms and conditions of service of a civil servant in view of Article 212 of the Constitution?
- Was the High Court competent and justified in directing the Secretary Agriculture to relax the ban on recruitment for the respondent?
- Article 212, Constitution of the Islamic Republic of Pakistan 1973
ORDER
' IRSHAD HASAN KHAN, ACTG. C.J.--This petition for leave to appeal is directed against the judgment, dated 10-12-1997, passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur in Writ Petition No.5477 of 1997 /BWP .
2. Brief facts are that on 3-10-1996 the respondent was appointed as an Inspector Market Committee, Bahawalpur on temporary basis. He continued in service only for five months. Where after, his services were terminated pursuant to the directive issued by the Prime Minister Secretariat, seeking review of all recruitments, which were in contravention of merits and in violation of policy.
3. Respondent being aggrieved with his termination approached the High Court through a Constitutional petition. The learned Judge in Chambers vide impugned order, directed the Secretary Agriculture, Government of Punjab to relax the ban on recruitment to the extent of the case of the respondent.
4. Mr.. Muhammad Sharif Butt, learned counsel for the petitioner contends that the High Court had no jurisdiction to interfere with the matter, in view of the bar contained in Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973, inasmuch as, it related to the terms and conditions of service of a civil servant.
5. Leave is granted to consider whether in the circumstances of the case, the High Court was competent and justified to pass the impugned order. Meanwhile, operation of the impugned order is suspended. The appeal be listed for hearing during the month of November, 1999.