| Citation(s) |
|---|
| 2014 SLG 2686 2014 SLD 2686 2014 PLC 1363 |
Sindh High Court
Constitutional Petitions Nos.D-1085, D-513, D-1760, D-2731,D-3883, D-4242 of 2013 and D-4454 of 2012, decided on 30thOctober, 2014. Date of hearing: 30th May, 2014.
MUHAMMAD ALI MAZHAR AND SHAHNAWAZ TARIQ, JJ
Khalid Javed Khan for Petitioners (in C.P. No.D-1085 of 2013). Kazi Abdul Hameed Siddiqui for Petitioner (in C.P. No.D-513 of 2013). Ghulam Akbar Khan Jatoi for Petitioners (in C.Ps. Nos.D-1760 of 2013, D-2731 of 2013, D-3883 of 2013 and D-4242 of 2013).
Constitutional Petitions Nos.D-1085, D-513, D-1760, D-2731,D-3883, D-4242 of 2013 and D-4454 of 2012, decided on 30thOctober, 2014. Date of hearing: 30th May, 2014.
MUHAMMAD ALI MAZHAR AND SHAHNAWAZ TARIQ, JJ
Khalid Javed Khan for Petitioners (in C.P. No.D-1085 of 2013). Kazi Abdul Hameed Siddiqui for Petitioner (in C.P. No.D-513 of 2013). Ghulam Akbar Khan Jatoi for Petitioners (in C.Ps. Nos.D-1760 of 2013, D-2731 of 2013, D-3883 of 2013 and D-4242 of 2013).
Syed MUHAMMAD ABBAS RIZVI and others
VS
FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad and others
Law:
Section:
(a) Constitution of Pakistan--- ----Arts. 199 & 212---Constitutional petition---Civil service---High Court---Bar of jurisdiction---Scope---No final order of departmental authority---Where there was no final order of any departmental authority in field which could be assailed in the Service Tribunal, then the bar of jurisdiction under Art. 212 of the Constitution would not apply. S.H.M. Rizvi v. Maqsood Ahmed PLD 1981 SC 612; Mian Muhammad Aslam v. The Auditor General of Pakistan 1995 PLC (C.S.) 1178 and Riffat Hassan and others v. Federation of Pakistan 2011 PLC (C.S) 562 ref. Khalilur Rehman v. Government of Pakistan PLD 1981 Kar. 750; Punjab Small Industries Corporation v. Ahmad Akhtar Cheema 2002 PLC (C.S.) 182; Government of Sindh v. Nizakat Ali and others 2011 SCMR 592 and Khalid Mahmood Wattoo v. Government of Punjab and others 1998 SCMR 2280 distinguished. (b) Police Service of Pakistan (Composition Cadre and Seniority) Rules, 1985--- ----R. 11(2)(c)---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Maintainability---Bar of jurisdiction under Art.212 of the Constitution---Scope---Implementation of a notification issued by the Federal Government---Police Service of Pakistan---Constitutional petition filed before the High Court by police officers seeking implementation of a notification issued by the Establishment Division, Government of Pakistan with reference to R.11(2)(c) of Police Service of Pakistan (Composition Cadre and Seniority) Rules, 1985---No order of any departmental authority was in the field which could be assailed in the Service Tribunal---Effect---Constitutional petition would be maintainable in circumstances and bar of jurisdiction under Art.212 of the Constitution would not apply. (c) Words and phrases--- ----"Seniority"---Meaning. (d) Words and phrases--- ----"Ante-dated" --- Meaning. (e) Police Service of Pakistan (Composition Cadre and Seniority) Rules, 1985--- ----Rr. 7 & 11(2)(c)---Constitution of Pakistan, Art.199---Constitutional petition---Police service---Claim of ante-dated seniority---Vacancies in Police Service of Pakistan ("PSP")---Provincial quota---Whether date of regular appointment to…
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