Law:

Section:

(a) Constitution of Pakistan (1973)Art. 212Jurisdiction of Service TribunalExclusion of jurisdiction of other Courts in matters falling within jurisdiction of Service Tribunal­ExtentBar created by Art. 212 of Constitution of Pakistan (1973), was absolute and unabridged in matters relating to the terms and conditions of service of civil servants in respect whereof jurisdiction of Service Tribunal was extendable. S.H.M. Rizvi and 5 others v. Maqsood Ahmed and 6 others PLD 1981 SC 612; Pir Sabir Shah v. Federation of Pakistan and others PLD 1994 SC 738; Abdul Wahab Khan v. Government of the Punjab PLD 1989 SC 508; Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary, S&GAD, Karachi and another 1996 SCMR 1165 and Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539 ref. (b) Civil service SeniorityDetermination ofQuestion of seniority of a civil servant certainly was a matter relating to terms and conditions of service which was to be exclusively determined by appropriate Service Tribunal. (c) Constitution of Pakistan (1973) Arts. 199 & 212Civil servicePromotionEligibility­Determination ofConstitutional jurisdictionExercise ofQuestion of eligibility for promotion based on seniority fell within exclusive jurisdiction of appropriate Service TribunalJurisdiction of High Court under Art. 199, was completely barred by express provisions of Art. 212 of Constitution. (d) Constitution of Pakistan (1973) Arts. 199 & 212Terms and conditions of civil servantJurisdiction of Service TribunalConstitutional jurisdictionExercise ofArticle 212 has ordained that in service matters jurisdiction would be exclusively exercised by the appropriate Service Tribunal in matters relating to terms and conditions of service of civil servantsBar created by Art. 212 of Constitution of Pakistan was only to the extent that such disputes should be agitated in Service Tribunal of exclusive jurisdiction and not in Constitutional jurisdiction of High Court or any other Court. Ch. Amir Hussain for Appellant. Faqir Muhammad Khokhar for Respondent. Tayyab Mehmood Sheikh, Litigation Officer for Respondent No. 5. Date of hearing: 12th August, 1996. JUDGMENT The…

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