| Citation(s) |
|---|
| 2024 SLG 5266 2024 SLD 5266 2024 PLC 687 |
Civil Petition No.1893-L of 2021, decided on 17th January, 2024.
Present: Qazi Faez Isa, CJ, Muhammad Ali Mazhar and Musarrat Hilali, JJ
arrister Muhammad Mumtaz Ali, Addl. AG, Punjab along with Ms. Saima Jehan, Sr, Law Officer and Nasir Ali, Law Officer for Petitioners. Muhammad Naveed Farhan, Advocate Supreme Court for
Respondent.
PROVINCE OF PUNJAB through Secretary (Primary and Secondary Healthcare Department), Lahore and others
VERSUS
Hafiz MUHAMMAD KALEEM-UD-DIN
Law: Punjab Civil Servants Act, 1974
Section: 8(6)(a)
Punjab Civil Servants Act (VIII of 1974)---
----S. 8(6)(a)---Constitution of Pakistan, Art. 212(1)---Retired civil servant---Pro-forma promotion on a selection post sought---Ouster of jurisdiction of the High Courts and Civil Courts---Post to which the respondent wanted (pro-forma) promotion was a selection post and such post according to Section 8 (6) (a) of the Punjab Civil Servants Act, 1974 could only be filled on the basis of merit and not on seniority---Furthermore Article 212 of the Constitution ousts the jurisdiction of the High Courts and Civil Courts in the matters relating to the terms and conditions of a civil servant as the bar in the Constitution is absolute---Petition was converted into appeal and allowed.
JUDGMENT
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