Law: Constitution of Pakistan, 1973

Section: 199,212

(a) Civil service--- --------Up-gradation of post---Promotion---Terms and conditions of service---Bar of jurisdiction contained in Art.212 of the Constitution--¬Scope---Petitioners were working in different departments of Provincial Government and performing their duties as Pesh-i-Imam/Khatib in different mosques---Appointments of petitioners had been made under Khyber Pakhtunkhwa Appointment Promotion and Transfer Rules, 1989---Petitioners were having the status of civil servants---Change of grade must change the scale of pay of petitioners---Element of selection would be involved for promotion---Order of competent authority would be required to be passed for revision of pay and consideration of the comparative suitability and entitlement of the incumbent---Grant of selection grade, uprgradation and promotion to higher pay scale would relate to terms and conditions of service---Any change in the pay scale of the employee would bring his case within the ambit of terms and conditions of service---Service Tribunal had exclusive jurisdiction to determine such question in view of explicit bar under Art.212 of the Constitution---Order passed on the basis of mala fide, coram non judice or in violation of any rule could only be challenged before the Service Tribunal---High Court had no jurisdiction to entertain the present constitutional petition which was dismissed being not maintainable. Government of the Punjab through Secretary Services, Punjab, Lahore and 14 others v. Muhammad Awais Shahid an4 others 1991 SCMR 696; Muhammad Saeed Ahmad v. Secretary to Government of Punjab Health Department and others 2013 PLC (C.S) 538; Sajjad Hussain Kazmi v. Secretary, Establishment Division, Government of Pakistan Islamabad and 2 others 1998 PLC (C.S) 1463; Mukhtar Ahmad Siddiqui v. Secretary to Government of Pakistan, Ministry of Finance, Islamabad and others 2001 SCMR 923; Syed Nasim-ul-Haq Naqvi v. Secretary Ministry of Commerce, Islamabad and 4 others 1992 PLC (C.S) 195 and Kamal Uddin and 30 others v. Province of Punjab and others 1986 PLC (C.S) 807 rel. (b) Civil Service-- --------"Promotion" and "up-gradation"---Distinction and scope. (c) Civil service--…

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