Law:

Section:

Civil Servants Act, 1973 (LXXI of 1973)-- ----S. 2(b)--Status of civil servant--Appointment letter--High Court had no jurisdiction to entertain petition relating to civil servant and proper forum in relation to terms and conditions of civil servant is F.S.T.--Validity--Appointment letter was issued under Act, 1973 and proper forum for redressal of his grievance was F.S.T.--Tribunal is functional and petitioner if so advised can approach proper forum forredressal of his grievance. Constitution of Pakistan, 1973-- ----Art. 90--Appointment of constitutional posts and problems in appointments--Appointment of commission and power to make recommendations for such appointments--Validity--It is by now a well, settled law that responsibility of deciding suitability of an appointment, posting or transfer fell primarily on executive branch of State--It is also a settled law that Courts should ordinarily refrain from interfering in policy making domain of executive. THIS JUDGMENT DELIVERED BY: Ijaz Ahmed Chaudhry, J. CIVIL PETITION NO. 2124 OF 2013 And others who are serving employees of Inter Services Intelligence (ISI) and belong to surveillance cadre, being aggrieved of their promotion policy to next scale had filed a constitution petition before the learned Islamabad High Court. At the time of hearing of the petition, the Respondent No. 3 raised a preliminary objection with regard to the maintainability of the writ petition, upon which the learned Single Judge in Chamber after hearing the parties dismissed the writ petition by observing that the petitioners are civil servants and the High Court has no jurisdiction to entertain the said petition and that the proper forum for the matters in relation to terms and conditions of the civil servants is Federal Service Tribunal. The Intra Court Appeal filed by the petitioners also met the same fate. Hence this petition. 2. We have heard learned counsel for the parties and have perused the impugned judgments. 3. Admittedly the petitioner is enjoying the status of civil servant in terms of Section 2(b) of the Civil Servants Act, 1973. His appointment letter has also been issued under the said Act and the proper forum for…

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