Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-------S. 8---Constitution of Pakistan (1973), Arts. 199 & 212---Constitutional petition- --Promotion---Question of promotion relatable to terms and conditions of service---Jurisdiction---Matter of eligibility of civil servant to promotion to higher post being relatable to terms and conditions of his service, would fall within exclusive jurisdiction of Service Tribunal, and jurisdiction of High Court would be barred under Art. 212 of the Constitution---Remedy in cases of promotion etc. was by way of appeal 'to Service Tribunal and not through Constitutional petition---Constitutional petition filed by petitioner against respondent relating to his promotion was also not maintainable on additional ground that civil servant did not avail Departmental remedy in the first instance. Chief Secretary, Government of Sindh and another v. Sher Muhammad Makhdoom and 2 others PLD 1991 SC 973; Province of the Punjab through Secretary, Health Department v. Dr. S. Muhammad Zafar Bukhari PLD 1997 SC 351 and Muhammad Anis v Abdul Haseeb PLD 1994 SC 539 ref. Raja Muhammad Sohail Iftikhar for Petitioner. Muhammad Akhtar Qureshi for the State. ORDER Through this Constitutional petition Muhammad Saleem, an employee in the Health Department, questioned the legality of order dated 23-10-1996 passed by the Director, Health Services (respondent No. 1), whereby Rana Muhammad Ashiq (respondent No.3) was transferred and posted as Storekeeper against the vacant post. 2. The learned counsel for the petitioner submitted that vide order dated 25-2-1996 the petitioner was directed to take over the charge of C.D.C. Store and thereafter, the petitioner moved an application for his promotion as C.D.C. Storekeeper in the office of the District Health Department, Rahimyar Khan. He further submitted that meanwhile the respondent No. 3 was declared surplus and was posted as Junior Clerk in the office of the District Health Officer, Rahimyar khan but he managed to get himself transferred from there and his services were placed at the disposal of the Medical Superintendent, D.H,Q. Hospital, Rahimyar Khan for the adjustment against a vacant post of lift…

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