Law: Constitution of Pakistan, 1973

Section: 199,112

(a) Constitution of Pakistan--- ----Arts.199, 112---Jurisdiction of High Court---Civil service---Service Tribunal, exclusive jurisdiction of---Alternate/efficacious remedy---Single Judge of High Court dismissed the constitutional petition of the appellants---Held, that the appellants were, admittedly, the civil servants and their prayer pertained to terms/conditions of a civil servant---Appellants had an alternate efficacious remedy by approaching the departmental appellate authority and then the respective Service Tribunal for redressal of their grievance---Jurisdiction of High Court was barred---Constitutional petition was not maintainable due to the bar contained under Art.212 of the Constitution---Intra Court appeal was dismissed in limine. Indus Trading and Contracting Company v. Collector of Customs (Preventive) Karachi and others 2016 SCMR 842; Dr. Sher Afgan Khan Niazi v. Ali S. Habib and others 2011 SCMR 1813 and Muhammad Abbasi v. S.H.O. Bhara Kahu and 7 others PLD 2010 SC 969 rel. (b) Constitution of Pakistan--- ----Art. 199---Assumption of jurisdiction, question of---Principle---Every Court prior to taking congnizance/adjudicating upon an issue should first resort to the question of assumption of its jurisdiction and if it comes to the conclusion that jurisdiction is to be assumed only then the issue can be adjudicated upon. Government of Sindh through, Secretary Education and Literacy Department and others v. Nizakat Ali and others 2011 SCMR 592 and Fauji Foundation and another v. Shamimur Rehman PLD 1983 SC 457 rel. (c) Constitution of Pakistan--- ----Arts.199, 112---Service Tribunal, exclusive jurisdiction of---Terms/conditions of civil service, enforcement of---Scope---For enforcement of terms/condition of civil servants, Tribunals had been constituted under Art. 212 of the Constitution which had exclusive jurisdiction to look into the matter and decide the questions relating thereto. Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456; National Assembly Secretariat v. Manzoor Ahmed and another 2015 SCMR 253; Peer Muhammad v. Government of Balochistan through Chief Secretary and others 2007 SCMR 54; Asadullah Rashid v.…

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