Law: Sindh Civil Servants Act, (XIV of 1973)

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199,212

Law: Sindh Service Tribunals Act, 1973

Section: 3(2),4

(a) Sindh Civil Servants Act (XIV of 1973)--- ----S. 10---Sindh Service Tribunals Act (XV of 1973), Ss. 3(2) & 4---Constitution of Pakistan, Arts. 199 & 212---Post of Chief Inspector of Stamps---Appointment though transfer against the said post---Expression "terms and conditions"---Scope---Contention of petitioner was that post in question was a promotion post and no outsider could be appointed against the same---Validity---Held, High Court had no jurisdiction with regard to the matters pertaining to terms and conditions of service, which fell within the exclusive domain of Service Tribunal---Expression "terms and conditions" included transfer and posting of an employee---Petitioner being civil servant had right to file appeal against the impugned order before Service Tribunal---Government could make rules in the interest of expediency of service and for removal of anomalies in any service rules---Policy decision being an administrative matter fell within the exclusive domain of the Government---No vested right of employee was involved in the policy matters---Government had right to make rules to raise the efficiency of services---No right of petitioner having been infringed which could be called in question through constitutional petition---Civil servant had not vested right to remain on a particular post forever or for a stipulated period---Constitutional petition was dismissed in circumstances. Ali Azhar Khan Balouch and others v. Province of Sindh and others 2015 SCMR 456; Government of Khyber Pakhtunkhwa and others v. Hayat Hussain and others 2016 SCMR 1021 and Peer Muhammad v. Government of Balochistan and others 2007 SCMR 54 rel. (b) Constitution of Pakistan--- -- --Arts. 199 & 212---Constitutional petition---Maintainability---Constitutional petition with regard to the matters pertaining to terms and condition of civil servants was not maintainable. Ali Azhar Khan Balouch and others v. Province of Sindh and others 2015 SCMR 456 rel. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.--- Through the instant Petition, the Petitioner has asked for direction to the Respondent No. 4 to vacate the office of the Chief Inspector of Stamps, Board of…

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