| Citation(s) |
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| 2025 SLG 4578 2025 SLD 4578 = 2025 PLC 287 |
Supreme Court of Pakistan
Civil Petition No. 5795 of 2021 and Civil Petition No.2-Q of 2022, decided on 13th December, 2023. (Against the judgment dated 30.10.2021 of the High Court of Balochistan, Quetta passed in C.P. No.631 of 2021).
Present: Qazi Faez Isa, C.J., Amin-ud-Din Khan and Athar Minallah, JJ
Muhammad Shoaib Shaheen, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.P. No. 5795 of 2021). Ayaz Khan Swati, Additional Advocate General, Balochistan for Petitioners (in C.P. No. 2-Q of 2022) Nemo for
Respondents
Civil Petition No. 5795 of 2021 and Civil Petition No.2-Q of 2022, decided on 13th December, 2023. (Against the judgment dated 30.10.2021 of the High Court of Balochistan, Quetta passed in C.P. No.631 of 2021).
Present: Qazi Faez Isa, C.J., Amin-ud-Din Khan and Athar Minallah, JJ
Muhammad Shoaib Shaheen, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.P. No. 5795 of 2021). Ayaz Khan Swati, Additional Advocate General, Balochistan for Petitioners (in C.P. No. 2-Q of 2022) Nemo for
Respondents
MUHAMMAD HASSANULLAH (OMG/B-18), ACTING ADDITIONAL SECRETARY, HEALTH DEPARTMENT, BALOCHISTAN
VERSUS
CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN, QUETTA and another
Law: Balochistan Service Tribunals Act, 1974
Section: V,4
Law: Balochistan Civil Servants Act, (IX of 1974)
Section: 2(1)(b)
Law: Constitution of Pakistan, 1973
Section: 199,212
(a) Balochistan Service Tribunals Act (V of 1974)-------S.4---Balochistan Civil Servants Act (IX of 1974), S. 2(1)(b)---Constitution of Pakistan, Arts. 199 & 212---Employees of Balochistan Secretariat Service---Matter concerning terms and conditions of service--- Ouster of jurisdiction of the High Court---Scope---Questions and grievances relating to transfer and postings of a civil servant fell within the ambit of the terms and conditions of service of a civil servant and thus were within the exclusive domain of an administrative Tribunal established under the command of Article 212 of the Constitution---In the present case, the respondents (employees of Balochistan Secretariat Service) were asserting a right which fell within their terms and conditions of service---They were admittedly civil servants within the meaning of the said expression as defined under the Balochistan Civil Servants Act, 1974 ('Act of 1974')---There was nothing on record to show that the respondents had availed the departmental remedies provided under the law---It was mandatory for them to have agitated the grievance in the manner prescribed under the scheme of law applicable to a civil servant under the Act of 1974 and the Balochistan Service Tribunals Act, 1974 ('the Tribunals Act)---Moreover, they had explicitly stated in the memorandum of the petition that the same matter was challenged and it was pending before the Tribunal---Objection regarding maintainability of the petition and its adjudication under Article 199 of the Constitution was raised by the Government but it was not adverted to by the High Court---Respondents were attempting to achieve an object which was not justiciable before the High Court while exercising jurisdiction under Article 199 of the Constitution---Bar under Article 212 had ousted the jurisdiction of the High Court---Declaration made by the High Court was, therefore, not sustainable---Matter was already pending before the Tribunal and thus the latter had the exclusive jurisdiction to adjudicate upon it---Petitions were converted into appeals and allowed, and the impugned judgment was consequently set aside.Ayyaz Anjum v. Government…