Law: Constitution of Pakistan, 1973

Section: 212,199

Constitution of Pakistan--- ----Arts.212 & 199---Civil Service---Seniority list for the purpose of promotion, issuance of---Constitutional jurisdiction of the High Court---Scope---Petitioner (Drawing Master) invoked constitutional jurisdiction of the High Court contending that the respondents (Education Department) had wrongly issued the seniority list on the basis of date of taking over the charge instead of date of first appointment---Validity---Record revealed that the petitioner was a civil servant who was serving as Drawing Master in the Education Department, therefore, the question of seniority agitated before the High Court was covered by the terms and conditions of service, for which the relevant Tribunal had already been established and the jurisdiction of the High Court was barred under Art. 212 of the Constitution---Any petition or proceedings relating to the terms and conditions of service should not be entertained by the High Court in its constitutional jurisdiction under Art. 199 of the Constitution---In view of the facts and circumstances of the present case, entertaining and then proceeding with the constitutional petitions amounted to defeating the express constitutional mandate under which Tribunal was vested with jurisdiction to deal with the matters of civil servants---Petitioner, being a civil servant, could not be granted any relief in constitutional jurisdiction of the High Court---Constitutional petition was dismissed, in circumstances. Khalil Ullah Kakar and others v. Provincial Police Officer, Balochistan and others 2021 SCMR 1168 and Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456 ref. JUDGMENT FAZAL SUBHAN, J.----Through instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (Constitution), amended up to date, the petitioner has made the following prayers:-- 2. Contents of the petition reveals that the petitioner being qualified as M.A Islamyat was appointed as Drawing Master on 11.4.1996 and since then he is performing his duties. According to the petitioner, his date of birth as per record is 07.01.1971. That the respondents are preparing seniority list of Drawing Masters annually…

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