Case Details

Citation(s)
1999 SLG 759 1999 SLD 759 1999 PLC 51
Lahore High Court
Writ Petition No. 941 of 1998, decision dated: 27-02-1998.
DR. MUNIR AHMAD MUGHAL, J

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Mst. KHALIDA BARI

VS

GOVERNMENT OF PUNJAB and others

Law:

Section:

Constitution of Pakistan (1973)------Arts. 199 & 212---Punjab Civil Servants Act (VIII of 1974), S. 13--­Matter relating to terms and conditions of civil servant---Jurisdiction of High Court---Bar---Jurisdiction of High Court in matters relating to terms and conditions of service of civil servant has been expressly barred by Art. 212 of the Constitution---Service Tribunal has exclusive jurisdiction in respect of matters relating to terms and conditions of persons who are or have been in service of Pakistan, including disciplinary matters---Re-employment of civil servant after his retirement in terms of S. 13, Punjab Civil Servants Act, 1974, also related to terms and conditions of service---Service Tribunal, thus, had exclusive jurisdiction to in' and decide such matter---Service Tribunal was also competent to examine actions of respondents which were without jurisdiction and mala fide. Muhammad Hashim Khan v . Province of Balochistan PLD 1976: Quetta 59 and lqbal Ahmad Khurram v. Government of Pakistan and others PLD 1980 SC 153 ref. Ch. Abdul Sattar Goraya for Petitioner. Tahir Haider Wasti, A.A.-G. for Respondents Nos. 1, 2 and 4. Muhammad Wasim Shahab for Respondent No.3. Date of hearing: 27th February, 1998. JUDGMENT The petitioner seeks the setting aside of impugned Order No.SO(CE-IV) 19-123/88 (26), dated 27-1-1998 whereby respondent No. 2 has ordered that the respondent No. 5, ex-Principal, Government College for Women, Khanewal who retired from Government service on 9-12-1997 was re-employed on contract basis for a period of one year and posted as Principal (BS-19) Government College for Women, Khanewal against an existing vacancy with immediate effect and terms and conditions of her re­ employment to be settled later on. The petitioner has assailed this order on three grounds, namely, the order being mala fide, as respondent No.5 had retired on 9-12-1997 after attaining the age of superannuation and the petitioner was made Incharge Principal of the said College on 9-12-1997 (afternoon) and was also granted the power of Drawing and Disbursing Officer with effect from 10-12-1997 to 9-6-1998 vide Order No.2/3­ 5944/CE-3, dated 26-12-1997 and that an…
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