Law: Khyber Pakhtunkhwa Service Tribunal Act, (I of 1974)

Section: S.4,4(1)(a)(b)

Law: Constitution of Pakistan, 1973

Section: 212

Khyber Pakhtunkhwa Service Tribunal Act (I of 1974)--- ----S.4---"Promotion"---Matters with regard to terms and conditions of service---Scope---Bar of jurisdiction contained in Art. 212 of the Constitution---Alternate remedy---Effect---Petitioner-employee was refused promotion by the department on the ground that he did not fulfill criteria prescribed by the Government---Employee filed departmental appeal and requested for promotion but same was rejected---Contention of department was that employee could not invoke jurisdiction of High Court under Art. 199 of the Constitution in view of embargo placed by Art 212---Validity---Petitioner was a civil servant and was aggrieved of having not been promoted to the next higher scale---Such matter had arisen from a final order of departmental authority---Where any administrative Court or Tribunal was established, no Court would grant an injunction, make an order or entertain any proceedings with regard to any matter to which jurisdiction of such administrative Court or Tribunal extended---Case of employee did not fall within the exception contained in S.4 of Khyber Pakhtunkhwa Service Tribunal Act, 1974---Jurisdiction of High Court was barred under Art. 212 of the Constitution to take cognizance in the matter relating to the terms and conditions of service of a civil servant---Constitutional petition was not maintainable in circumstances which was dismissed in limine. Fauzia Siddiqui Qureshi v. Secretary, Ministry of Education, Islamabad and others 2004 SCMR 521; I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041 and Ali Azhar Khan Baloch's case 2015 SCMR 456 rel. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.---- Through instant petition the petitioner has sought the following reliefs:- "It is, therefore, respectfully prayed that the petitioner may kindly be promoted from BPS-15 to PBS-16 according to the rule and regulations annunciated by the Government and the order of respondent may graciously be declared as illegal, without lawful authority and without jurisdiction and ineffective upon the rights of petitioner." 2. Succinctly, relevant facts…

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