Law:

Section:

Balochistan Civil Servants Act (IX of 1974)--- ----S.2(1)(b)---Constitution of Pakistan, Arts. 199, 212---Service Tribunals Act (LXX of 1973), S.2(a)---Bar of jurisdiction---Retired civil servant---Scope---Petitioners, retired civil servants, were aggrieved of payment of benevolent fund on the lower side---Validity---Definition of civil servant as provided in S.2(1)(b) of the Balochistan Civil Servants Act, 1974 when considered with Art. 212 of the Constitution and Service Tribunals Act, 1974, included the person who had remained as civil servant---Retired civil servants were not ousted from agitating their claims regarding terms and conditions of their service before the Service Tribunals---Petitioners being civil servants were barred from agitating their claim before the High Court and such bar was created through Art.212 of the Constitution---Constitutional petition was dismissed. Date of hearing: 20th April, 2021. JUDGMENT MUHAMMAD KAMRAN KHAN MULAKHAIL, J.----Through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, the petitioner has prayed for the following relief: "It is, accordingly most respectfully prayed that this honorable court may kindly be pleased to direct the issuance of lump sum benevolent fund as per their basic scale instead of scale from which 4% benevolent fund were deducted from their salaries, is illegal unlawful and without lawful authority as such same may be declared as illegal and void. Furthermore, this Hon'ble Court may kindly be pleased to revise the notification for issuance of lump sum benevolent fund and to issue the same by issuing lump sum benevolent fund as per scale, from which the 4% benevolent fund were deducted from their salaries. Any other relief which this Hon'ble Court deems fit and proper may also be granted in favour of petitioner. 2. The Facts relevant for disposal of the instant constitutional petition are that the petitioners being officers of Education Department in different scales were granted time scales and were retired from service on attaining the age of superannuation; that the Government of Balochistan ordered for payment of Benevolent Fund to the…

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