Law: Constitution of Pakistan, 1973

Section: PartVII,Chap.3(Arts.192to203),199,212(1)

(a) Constitution of Pakistan--- ----Part VII, Chap. 3 (Arts.192 to 203_risdiction---Scope---High Court is the apex Court of a province but is creature of Constitution---High Court is vested with that jurisdiction which has been conferred on it by Constitution or under any law for the time being in force. Shaheen Akhtar v. Government of Punjab 1998 PLC (C.S.) 70 rel. (b) Jurisdiction--- ----Determination---Mandatory for Court to decide at first instance question of its jurisdiction---Without deciding question of jurisdiction, proceedings on merits may ultimately prove a futile exercise. Registrar High Court of Balochistan, Quetta v. Mazar Khan 2014 PLC (C.S.) 1275 rel. (c) Balochistan Service Tribunals Act (V of 1974)--- ----Ss. 4 & 5(2)---Constitution of Pakistan, Arts.199 & 212(1)---Constitutional petition---Maintainability---Judgment of Service Tribunal---Implementation---Petitioner, civil servant wanted to implement passed by Service Tribunal---Validity---Service Tribunal was a civil court for the purpose of deciding any appeal regarding terms and conditions of a civil servant---Service Tribunal had all powers of civil court including those required to implement its orders as provided under the provisions of Civil Procedure Code, 1908---In case of disobedience of orders of Service Tribunal, the same could be enforced under applicable provisions of Civil Procedure Code, 1908---Underlying object of incorporation of Art.212 in the Constitution and establishment of Service Tribunal by legislation was to provide efficacious, expeditious and inexpensive remedy to civil servants for redressal of their grievances arising out of violation of terms and conditions of their service---Establishment of Service Tribunal aimed at prevention of intrusions into or inroad on terms and conditions of civil servants by departmental authorities---Unlike Constitutional jurisdiction of High Court under Art.199 of the Constitution confined to question of law without venturing upon resolution of factual controversies, it was within the jurisdiction of Service Tribunal and it was its obligation to decide all questions of law and fact sought to be raised by petitioner---High…