Law: Provincial Service Tribunals (Extension of Provisions of The Constitution) Act, 1974

Section: 2

Law: Constitution of Pakistan, 1973

Section: 212(2)

Provincial Service Tribunals (Extension of Provisions of the Constitution) Act (XXXII of 1974)--- ----S.2---Constitution of Pakistan, Art.212(2)---Constitutional petition---Service appeal---Jurisdiction of Supreme Court---Principle---Petitioner / civil servant invoked jurisdiction of Provincial Service Tribunal with regard to seniority list---Petitioner / civil servant assailed judgment passed by Provincial Service Tribunal before High Court in constitutional jurisdiction---Plea raised by petitioner / civil servant was that under proviso to Art. 212(2) of the Constitution, direct appeal to Supreme Court could only be made when the Parliament had extended provisions of Art. 212(2) of the Constitution to such Court or Tribunal established under an Act of Provincial Assembly---Validity---Any Administrative Court or Tribunal established under an Act of a Provincial Assembly had come under the purview of Art. 212(2) of the Constitution when Majlis-e-Shoora (Parliament) had given its approval and enacted necessary legislation for extension of provisions of Art.212(2) of the Constitution to such Court or Tribunal and that too on the request / resolution of Provincial Assembly---If both the stages had surpassed, the proviso to Art. 212(2) of the Constitution would become applicable and its effect was the same as that of Federal Legislation, so all judicial remedies were closed and the only avenue left open for redressal was an appeal to Supreme Court in terms of Art.212(3) of the Constitution---High Court declined to interfere in the judgment passed by Service Tribunal---Constitutional petition was dismissed, in circumstances. Civil Appeal No.1474 of 2021 distinguished. ORDER KAMRAN HAYAT MIANKHEL, J.- Through the petition in hand petitioner has challenged judgment of Khyber Pakhtunkhwa Service Tribunal Peshawar passed in Service Appeal No. 739-A/2019, which was dismissed vide judgment dated 22.09.2022, and has prayed for the following relief:- "It is, therefore, humbly prayed that, on acceptance of the instant writ petition, impugned judgment / decree of learned KP Service Tribunal dated 22.09.2022 may be set aside and respondents Nos.1 to 4 may graciously be ordered…

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