Law: Constitution of Pakistan, 1973

Section: 199,212

Constitution of Pakistan (1973)---   ----Arts. 199 212---Constitutional petition---Scope---Civil service---Matter relating to terms and conditions of service---Forum for---Forum available to civil servant, in the matter, no doubt, was Service Tribunal, but aggrieved person could invoke the jurisdiction of Service Tribunal only when there was a final/appellate order in the field---In the present case, directions of the Chief Minister were under challenge and there was no final or appellate order which could be assailed before the Service Tribunal---Effect---Each and every order/direction issued by High Court could not be presumed and assumed to be in contravention of Art.212 of the Constitution; because the inherent and other powers and jurisdiction conferred by law and Constitution on High Court could be restrained to be exercised when the matter/case was shown to have been fallen within the domain and scope of prohibition---Jurisdiction vested with the High Court was wider in scope and extent, while the constraints/prohibitions were narrower in their applications and dimensions---Courts were to be stretched to take into account all disputes to be resolved while limitation of jurisdiction and powers were to be squeezed and kept to the minimum extent.    Zahid Akhtar v. Government of the Punjab and others PLD 1995 SC 530 ref. ORDER HAFIZ TARIQ NASIM, J.--- The petitioner was made a subject of frequent transfers and he filed Writ Petition No.1349 of 2008, which was disposed of by my learned brother Maulvi Anwarul Haq, J. through order, dated 14-2-2008 directing the Chief Secretary, Government of the Punjab, to take all steps for deciding the representation/appeal filed by the petitioner within four weeks and while considering the same the contents of the judgment reported as Zahid Akhtar v. Government of the Punjab and others PLD 1995 SC 530 be kept in view. 2. After the disposal of writ petition on 14-2-2008, the Chief Secretary afforded a chance of personal hearing to the present petitioner as well as respondent No.4 Mr. Sajid Tanvir and recorded his findings in the following words:-- The case was examined and record perused. In line with the…

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