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

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212,25

Khyber Pakhtunkhwa Service Tribunals Act (I of 1974)--- ----S.4---Constitution of Pakistan, Arts. 212 25---Constitutional petition---Maintainability---Jurisdiction of Service Tribunal, invocation of---Requirements---Civil servants having retired prior to implementation of revised pay scales and allowances---Claim for pension according to revised pay scales and allowance implemented after retirement of civil servants---Validity---Jurisdiction of High Court had been barred with regard to enforcement of terms and conditions of service of civil servants---Administrative Tribunals had been established for redressal of grievance of civil servants with regard to their terms and conditions of service---Civil servant for invoking jurisdiction of Service Tribunal must be aggrieved of an order original or final affecting terms and conditions of service---Any rule which did offend the terms and conditions of service of a civil servant could be challenged before Service Tribunal---Civil servants were neither aggrieved of any order nor rules relating to their terms and conditions but they had sought a writ of mandamus to treat them at par with the other similarly placed persons---Such relief could not be granted by the Service Tribunal having limited jurisdiction---Civil servants who were in service after implementation of revised pay scales would constitute a different category as compared to those who had retired before implementation of revised pay scales---Such classification was permissible and it would hit at the core of Art. 25 of the Constitution---Employees had not been discriminated by the authorities in the case---Constitutional petition was dismissed, accordingly. I.A. Sherwanis case 1991 SCMR 1041 and Maqsud Ahmads case of the august Court 1999 PLC (C.S.) 5 distinguished. Executive District Officer Schools and Literacy, District Dir Lower and others v. Qamar Dost and others 2006 SCMR 1630 and Secretary Finance and others v. Ghulam Safdar 2105 SCMR 534 rel. JUDGMENT SYED ARSHAD ALI, J.---- The petitioners who are 85 in numbers are retired civil servants and who have invoked the constitutional jurisdiction of this Court with the following prayer:- It is therefore…

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