| Citation(s) |
|---|
| 1998 SLG 1293 1998 SLD 1293 1998 PLC 268 |
Lahore High Court
Writ Petition No. 7826 of 1991, decision dated: 24-11-1991.
ZIA MAHMOOD MIRZA, J
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Writ Petition No. 7826 of 1991, decision dated: 24-11-1991.
ZIA MAHMOOD MIRZA, J
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TAHIRA FAZEELAT and others
VS
PROVINCE OF PUNJAB and others
Law:
Section:
(a) Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitution of Pakistan (1973), Arts. 199 & 212---Constitutional petition--- Maintainability---Matters relating to terms and conditions of services of a civil servant lay within competence of Service Tribunal and jurisdiction of all other Courts including High Court have been completely ousted by virtue of Art. 212 of Constitution of Pakistan (1973)---Petitioners who were P.T.C. Teachers and were working in different Government primary, middle and High Schools in various districts, admittedly were civil servants and their grievance being germane to the terms and conditions of their service, they could challenge impugned orders passed by authorities in appeal before Service Tribunal which had exclusive jurisdiction in such matter---Jurisdiction of High Court under Art. 199 of Constitution of Pakistan (1973) thus stood completely ousted by virtue of Art. 212 of Constitution of Pakistan (1973)---Mere fact that impugned orders were issued by Authority on direction of Chief Minister, would not render those orders of a non-Departmental Authority---Said orders would remain appealable before Service Tribunal. M. Yamin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22; Iqan Ahmed Khurram v. Government of Pakistan PLD 1980 SC 153; Mansoor Elahi v. North-West Frontier Province PLD 1980 Pesh. 81; Abdul Bari v. Government of Pakistan PLD 1981 Kar. 290; Collector, Cenrtral Excise and Land Customs v. Adam Ali. Shah PLD 1985 SC 82; Begum Ismat Azhar v. Punjab Government PLD 1987 Lah. 256; Superintendent of Police v. Muhammad Latif PLD 1988 SC 387; Ahmad Khan v. Member (Consolidation), P.O.R. PLD 1990 SC 1070; Syed Saeed Hussain Shah v. Punjab Province and others 1981 PLC (C.S.) 190; Abdur Rauf v. Director, Local Government and Rural Development, Sargodha and another 1989 PLC (C.S.) 436; Faiz Muhammad v. PRTB-S 1985 PLC (C.S.) 868; Muhammad Aslam Bajwa v. Federation of Pakistan PLD 1974 Lah. 545; Mian Amanul Mulk v. N.W. F. P. through Chief Secretary (PLD 1981 Pesh.l; PLD 1983 SC 100 and Ashfaq v. The State PLD 1973 SC 368 ref. (b) Punjab Civil Servants Act (VIII of 1974)--- ----S. 9---Transfer of civil…
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