Law:

Section:

(a) North West Frontier Province Civil Servants Act (XVIII of 1973)S. 10NorthWest Frontier Province Service Tribunals Act (I of 1974), S. 4Constitution of Pakistan (1973), Arts. 199 & 212Constituional petitionTransfer of civil servantMaintainabilityChallenged in Constitutional petitionJurisdictionConstitutional jurisdiction under Art. 199 of the Constitution invoked by civil servant with regard to his posting and transfer was barred by Art. 212 of the ConstitutionProvision of S. 4, NorthWest Frontier Province Service Tribunals Act, 1974, provided that any civil servant aggrieved by any final order in respect of any of the terms and conditions of service, made by Departmental Authority, could file appeal before Service Tribunal within 30 days of receipt of such orderDepartmental remedy provided by appeal/review/representation besides being precondition for filing appeal before Tribunal, was adequate remedy available to civil servant, who without exhausting the same, could not invoke Constitutional jurisdiction of High CourtWhere statute had created right and had provided remedy before any forum for enforcement of such rights, person aggrieved of violation of his rights, had to approach specified forum for redress of his grievanceHigh Court under Art. 199 of the Constitution, thus, could not exercise its jurisdiction in matters relating to terms and conditions of service of civil servant for which separate hierarchy has been created by statute for redress of grievance of civil servantArticle 212 of the Constitution has overriding effect ousting jurisdiction of High Court under Art. 199 of the Constitution to entertain any proceedings regarding matters falling within jurisdiction of Service Tribunal, therefore, High Court could not grant any relief even for short phase under Constitutional jurisdictionEvery civil servant was liable to posting and transfer anywhere within or outside Province, to any post under Federal or Provincial Government Local Authority or Corporation or body set up or established by such GovernmentCivil servant, if felt aggrieved could seek remedy before Service Tribunal in terms of Art. 212 of the Constitution­High Court would have no…

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