Law: Constitution of Pakistan, 1962

Section: 98(3), 178(3)

  (a) Constitution of Pakistan (1962) Arts. 98(3) & 178(3)-Civil services-Seniority-Question not amenable to review under provisions of Art. 98. Under Article 98(3)(b) of the 1962 Constitution, an order cannot be made under clause (2) of Article 98 on an application made by or in relation to any other person in the service of Pakistan in respect of terms and conditions except a term and condition that is specified in the Constitution'. The question of seniority is not a term and condition of service specified in the 1962 Constitution and, therefore, an order in pursuance of a petition under Article 98 which has the effect of interfering with an order made by the competent authority in relation to the seniority of persons in the service of Pakistan cannot be made by the High Court. Subsection (3) of Article 178 provides that once appointed the terms and conditions of the public servant are not to be varied to his disadvantage, in so far as they relate to remuneration or age fixed for superannuation. The result is that the grievance of a public servant with regard to the disturbance of seniority does not attract the constitutional remedy under Article 98 of the 1962 Constitution. M. R. Qureshi v. Government of West Pakistan 1971 S C M R 291 rel. Inspector-General of Police, West Pakistan, Lahore v. Mohammad Idrees Khan P L D 1970 S C 279; Dr. Mohammad Amin Durrani v. Government of West Pakistan etc. P L D 1966 S C 99 ; Mohammad Akbar Hussain v. Government of West Pakistan P L D 1970 S C 146 and Muhammad Yousaf v. Pakistan Western Railway 1972 S C M R 1 ref. (b) Punjab Civil Services (Appellate Tribunal) Ordinance (IV of 1970) Ss. 4(3) & 12(4)-Despite ouster of jurisdiction, High Court com petent to entertain writ petition but only where impugned order be one without lawful authority or wholly without jurisdiction Tribunal wrongly interpreting notification bearing on question of date of appointment of an employee-Order of Tribunal may be erroneous but could not be said to be without jurisdiction and as such not open to attack in writ jurisdiction-Constitution of Pakistan (1962), Art. 98. The contention that the jurisdiction of the High Court to…