Law:

Section:

Constitution of Pakistan (1973)------Arts. 199 & 212---Civil service---Constitutional petition under Art. 199 of the Constitution---Maintainability---Principles---Constitutional petition under Art.199 of the Constitution is not maintainable by a civil servant in relation to any matter connected with the terms and conditions of service in respect whereof the Service Tribunal has jurisdiction, in view of Art. 212 of the Constitution of Pakistan---Orders, even if mala fide, ultra vires or coram non judice, fell within the ambit of Service Tribunal and jurisdiction of Civil Courts including High Court is ipso facto ousted as result ' of barring provision of Art. 212 of the Constitution---High Court, before taking any decision regarding admission of a Constitutional petition and/or passing order granting interim relief will first decide the question of its jurisdiction in view of Art. 212 of the Constitution and in the light of the judgments of Supreme Court on the point involved. [Jurisdiction}. Zahid Akhtar's case PLD 1995 SC 530; Khalid Mahmood Wattoo v. Government of Punjab Civil Petition for Leave No.727-L of 1998; Imam Bakhsh v. Deputy Commissioner, Layyah 1992 SCMR 365; Muhammad Anis v. Abdul Haseeb PLD 1994 SC 539; Rukhsana Ijaz v. Secretary Education 1997 SCMR 167; Ayub Anjum v. Government of Punjab 1997 SCMR 169 and Muhammad Sarwar v. Government of Punjab 1990 SCMR 999 ref. Khalil-ur-Rehman v. Government of Pakistan PLD 1981 Kar. 750 approved. Hafiz Tariq Nasim, Advocate Supreme Court for Petitioner. Nemo for Respondent No. 1. Miss Yasmin Saigal, Additional Advocate-General, Punjab for Respondents Nos. 2, 3 and 4. ORDER NASIR ASLAM ZAHID, J.---Petitioner Asadullah Rashid was working as Assistant Agricultural Engineer (W D), Vehari, when he was transferred to F W, Vehari vice respondent NO. 1 Haji Muhammad Muneer (petitioner in the Writ Petition before the High Court) on 19-5-1998 on account of exigency of service. The order dated 19-5-1998 was later on cancelled by order dated 30-5-1998 but then this order was withdrawn by order dated 5-6-1998, the result being that the earlier order dated 19-5-1998 was restored. Being aggrieved, respondent No. l Haji…

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