Law:

Section:

(a) Constitution of Pakistan (1973)--- ---Arts. 199 & 212---Civil servant---Eligibility for appointment/promotion--­Jurisdiction ---Petitioner and respondent both were civil servants at the relevant time, at the time of appointment/promotion---Question as to whether appellants lacked qualification and were not eligible to be considered for appointment/promotion to the post in question, was germane to the terms and conditions of service and would, thus, fall within exclusive jurisdiction of Service Tribunal within the contemplation of Art. 212 of the Constitution--­Eligibility being distinct from fitness would squarely fall within jurisdiction of Service Tribunal---Service Tribunal was only barred from going into the question of `fitness' or otherwise of a person to be appointed /promoted--­Constitutional petition filed by respondent before High Court, was thus, not maintainable as being hit by Art. 212 of the Constitution. Iqan Ahmad Khurram v. Government of Pakistan and others PLD 1980 SC 153; Abid Mehmood v. Government of Punjab and others CPSLA 292-L of 1992 and Muhammad Aslam Khan v. Government of Pakistan through Secretary, Ministry of Health, Special Education and Social Welfare, Islamabad and 2 others PLD 1993 Kar. 41 ref. (b) Constitution of Pakistan (1973)--- ---Art. 199---Law Reforms Ordinance (XII of 1972), S. 3---Jurisdiction--­Objection relating to jurisdiction even though not raised before Trial Court but if it was of basic nature going to the very root of the matter could be raised in appeal. Abid Hassan Minto for Appellant. Masood Zakria for Respondent No. 1. M. Iqbal Khichi, AA.G. for Respondents Nos. 2 and 3. Rana Muhammad Sarwar for Respondent No. 4. Sardar Asif Saeed Khan Khosa for Respondent No. 5. Maroof Ahmad Ali for Respondent No. 6. Date of hearing: 28th May, 1994. JUDGMENT This judgment shall dispose of Intra-Court Appeals Nos. 92/1991 and 157/1991 as both these appeals under section 3 of the Law Reforms Ordinance 1972 arise out of the same judgment of the learned Single Judge of this Court passed in Writ Petition No. 4240/90 whereby the said petition was allowed. 2. The Constitutional petition out of which these appeals have…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492