Law: Constitution of Pakistan, 1973

Section: 199,212

(a) Constitution of Pakistan--- ----Arts. 199 212---Matter relating to terms and conditions of service---Exclusive jurisdiction of administrative tribunals and ouster of jurisdiction of High Court---Scope---Any petition relating to terms and conditions of service was to be dealt with by administrative courts and tribunals specifically established for its adjudication in pursuance of Art. 212 of the Constitution---As a general principle, the framers of the Constitution while inserting the said provision had ousted the jurisdiction of other courts including the High Court under Art. 199 of the Constitution---However there were certain exceptions depending upon the facts and circumstances of each case---Constitutional jurisdiction was always considered as extraordinary, which was to be exercised in extraordinary circumstances, if so warranted, hence, the Constitutional jurisdiction could not be curtailed stricto sensu, leaving some room for its application where safe administration of justice and fair play was required---Superior courts while exercising Constitutional jurisdiction must satisfy themselves that they may not interfere or infringe the jurisdiction of any other statutory forum in any manner when an equally efficacious/adequate remedy was available under the statute for the redressal of the grievances of the litigants. (b) Civil service--- ----Superseded civil servant---Antedated promotion---Scope---Civil servant who was consciously superseded after considering his service record by the departmental promotion committee could not regain his original seniority or subsequent promotions so long as the order of the Promotion Committee superseding him stood in the field and supersession of the civil servant in such a case was neither advertent nor same fell in the category of deferment, so as to entitle the civil servant, on subsequent promotion, to regain his original seniority. Abdul Ghani Chaudhry v. Secretary, Establishment, Islamabad 1998 SCMR 2544 ref. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- The instant appeal has been filed by the appellant under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, calling in question the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492