Law:

Section:

Constitution of Pakistan (1973)-- ---Art.212--Service Tribunals Act (LXX of 1973), S.3(2)--Civil Procedure Code (V of 1908), O.VII, R.11(d)--Jurisdiction of Civil Courts in service matters--Claim for damages directly arising out of alleged breach of terms and conditions of service would be hit by Art.212 of Constitution read with S.3(2) of Service Tribunals .act, 1973--Plaintiff-respondent could claim any amount as compensation before Service Tribunal in addition to back salary etc.--Order of Civil Court rejecting the plaint, held, was in accordance with law and should not have been interfered with by District Judge in appeal-­Impugned of District Judge set aside. Ch. Rashid Ahmed for Petitioners. Respondent in Person. Date of hearing: 10th January, 1988. JUDGMENT This Revision is directed against the judgment dated 14-3-1987 passed by the learned 1st Additional District Judge, Karachi (South) in Civil Appeal No.138 of 1986 setting aside the order of the learned Senior Civil Judge, Karachi (South) dated 7-8-1986 rejecting the respondent's plaint of the suit under Order VII, Rule 11, C. P. C. and remanding the case to the above Court for trial. 2. The brief facts leading to the filing of the above Revision are that the respondent's services were terminated by the department. He filed a service appeal before the Federal Services Tribunal, which allowed the same by an order dated 9-2-1985. After the above order the respondent had been taken back in the service. He is entitled to the back benefits as per terms of the above order. However, he filed above suit No.5240/85 for the recovery of Rs.24,000 as damages for illegal termination of the services thereby causing mental agony and torture. The present applicants filed an application under Order VII, Rule 11, C. P.C. In view of Article 212 of the Constitution of Islamic Republic of Pakistan, 1973, hereinafter referred to as the Constitution, this application was allowed by the learned Civil Judge by his aforesaid orders dated 7-8-1986. Against the above order the respondent filed aforesaid Civil Appeal No.138 of 1986, which had been allowed by the learned 1st Additional District Judge in the above terms. The…

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