PROVINCE OF PUNJAB Through DIRECTOR OF AGRICULTURE (E&M), GOVERNMENT OF PUNJAB, LAHORE vs SARDAR AHMAD
This petition for leave to appeal arises from a judgment of the Lahore High Court, which had directed the Secretary of Agriculture, Government of Punjab, to relax a recruitment ban specifically for the respondent. The respondent, initially appointed as an Inspector Market Committee on a temporary basis, had his services terminated following a directive from the Prime Minister's Secretariat to review recruitments made in contravention of merit and policy. The petitioner, the Province of Punjab, challenged the High Court's order, arguing that the court lacked jurisdiction due to the bar contained in Article 212 of the Constitution of Islamic Republic of Pakistan, 1973, as the matter pertained to the terms and conditions of service of a civil servant. The Supreme Court granted leave to appeal to determine whether the High Court was competent and justified in issuing the impugned order, noting that the matter involves the scope of judicial review in service-related disputes and the constitutional limitations on the High Court's jurisdiction regarding civil service appointments and terminations.
- Does the High Court have jurisdiction to interfere in matters relating to the terms and conditions of service of a civil servant in light of Article 212 of the Constitution?
- Is the High Court competent to direct the relaxation of a recruitment ban regarding a specific individual's service termination?
- Article 212, Constitution of 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.
Whereafter, 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 Agricultural, 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 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.