| 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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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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