Law:

Section:

Punjab Office of the Ombudsman Act (X of 1997)--- ----S. 9(2)---Constitution of Pakistan, Art.199---Constitutional petition---Civil service---Jurisdiction of Ombudsman---Bar---Scope---Respondent filed complaint before the Ombudsman with regard to his pension and petitioner (University) was directed to make payment---Validity---All matters with regard to the Agency (department) in which public servant or functionary had been working, in respect of his personal grievance relating to service, jurisdiction of the Ombudsman was barred---Ombudsman had no jurisdiction with regard to matters relating to service of a public servant---Court and public functionary should give an effect to the intention of the legislation---Matters with regard to service of a public servant had been consigned to the province of specialized forums set up by service laws---Issues with regard to terms and conditions of service of public and civil servants should have been resolved by the forums set up by service laws to avoid conflict between two forums on the same issue---Ombudsman by impugned order had gone beyond the periphery of the powers vested in him---University was directed to decide the grievance urged by the respondent within a specified period by speaking order---Impugned order was set aside---Constitutional petition was accepted in circumstances. Muhammad Aslam Zia v. Administrator, Punjab Agricultural Development and Supplies Corporation (Defunct), 4-Lytton Road Lahore and 4 others 2002 PLC (C.S.) 606; Tariq Jamil Rana v. Provincial Ombudsman (Mohtasib), Punjab 2-Bank Road, Lahore and others 2002 PLC (C.S.) 779 and Punjab Agricultural Development and Supplies Corporation through Administrator v. Muhammad Rafiq Khan and 2 others 2002 PLC (C.S.) 1133 rel. ORDER SHAHID KARIM, J.--- The facts in this case are simple and easily resolved. This petition lays a challenge to the order passed by the Provincial Ombudsman, Punjab (Ombudsman) dated 12-9-2013. There are two jurisdictional issues raised in this petition and they can be encapsulated as follows: (i) The petitioner herein viz the University of Agriculture, Faisalabad is not an Agency within the meaning and term of Agency as…

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