| Citation(s) |
|---|
| 2025 SLG 5220 2025 SLD 5220 = 2025 SHC 3230 = 2026 PLC 675 = 2026 PLC 682 |
Const. Petition No.D-5209 of 2025
Present: Mr. Justice Muhammad Karim Khan Agha Mr. Justice Nisar Ahmed Bhanbhro
Petitioners: Shahid Ali & others Through Mr. Shoaib Ali Khatian, Advocate
Respondents: Province of Sindh and others Nemo Date of hearing: 11.11.2025 Date of decision: 11.11.2025
Shahid Ali & others V/S Province of Sindh & others Sindh High Court, Karachi
Law: Constitution of Pakistan, 1973
Section: 199, 212(2)
Law: Sindh Civil Servants (Appeal) Rules, 1980
Section: 3
Law: Sindh Service Tribunals Act, 1973
Section: 3, 4
Summary:
The petitioners, appointed as teachers in District Shikarpur, challenged the cancellation of their appointments and sought directions via a constitutional petition under Article 199. The Court held that the appointments were in violation of APT Rules, the proper forum for grievances was the Sindh Service Tribunal (SST) under the SST Act, 1973, and departmental appeal rules. The petitioners had not filed timely departmental appeals, and the constitutional petition was barred by Article 212(2) of the Constitution, which ousts High Court jurisdiction over service matters. Consequently, the petition was dismissed as not maintainable.