Law: Sind Service Tribunals Act, 1973

Section: 4

Law: Constitution of Pakistan 1973

Section: 199

(a) Sind Service Tribunals Act (XV of 1973) S. 4 read with Constitution of Pakistan (1973), Art. 199 Seniority-Constitutional jurisdiction-Contention that jurisdiction of Tribunal to entertain or decide question of promotion being barred under S. 4 of Act, only remedy lay in filing constitutional petition --Held, right to be considered for promotion depending on fixation of seniority, and such matter being within competence of Administrative Tribunal to decide, mere fact of ancillary relief involving question of promotion having been prayed for, does not make any difference with regard to question of jurisdiction. P L D 1957 Kar. 685 and Muttaqi Hussain Rizvi v. The Province of Sind and another P L D 1978 Kar. 703 ref. (b) Sind Service Tribunals Act (XV of 1973) S. 4 read with Constitution of Pakistan (1973), Art. 199 Seniority-Constitutional jurisdiction-Discretionary jurisdiction of High Court under Art. 199 of Constitution can only be invoked when no alternate remedy available under law-Civil servant disregarding prerequisites for filing appeal in matters within purview of Service Tribunal - Held, cannot invoke discretionary jurisdiction of High Court on ground of it not being permissible for him to seek remedy before Tribunal and such would amount to putting premium on blatent disregard of legal procedure. Date of hearing :14th January, 1981.                                                                                                                                                       JUDGMENT B. G. N. KAZI, J.-The petitioner who is a Sub-Divisional Officer (in Grade 16) in the Communications and Works Department of the Government of Sind, by this petition seeks to challenge the provisional seniority list of Officers of his grade, circulated under No. S. O. E. II(C & W) V-2/78…