Law:

Section:

Constitution of Pakistan (1973)--Arts. 212 & 185---Civil service---Interim stay order passed by High Court--­Validity---Main grievance of petitioner was that dispute raised by respondent in High Court through Constitutional petition could only be agitated in appeal before Service Tribunal which had exclusive jurisdiction in such matter and that jurisdiction of High Court was barred in terms of Art. 212 of the Constitution--­High Court admittedly had passed order in question, without attending to question of jurisdiction despite the fact that petitioner had specifically raised objection to jurisdiction of High Court through miscellaneous application which was still pending adjudication---High Court before granting interim stay order having not adverted to question of jurisdiction with reference to provision of Art. 212 of the Constitution, petition for leave to appeal was converted into appeal and was allowed with direction to High Court to pass fresh order on stay application after attending to and deciding question of its jurisdiction with reference to provision of Art. 212 of the Constitution. Ch. Hamid-ud-Din, Senior Advocate Supreme Court with Mahmudul Islam, Advocate-on-Record for Petitioner. Nazir Ghazi, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Respondent No.5/Caveator. Date of hearing: 31st March, 1997. ORDER ZIA MAHMOOD MIRZA, J.---Petitioner is aggrieved of an interim stay order dated 3-3-1997 passed by a learned Judge of the Lahore High Court in a Constitutional Petition (W.P. No.4753 of 1997) filed by Syed Hamid Gul Shah, respondent No.5 herein and he seeks leave to appeal against the said order. By an order dated 11-3-1997 passed by me in Chamber, it was directed that the stay matter (C.M.A. No.134-L of 1997) together: with the petition for leave to appeal be fixed in the next week and meanwhile the petitioner, if so advised, may make an application in the High Court seeking the recall of the impugned interim stay order. 2. It is stated at the Bar that the petitioner has since moved an application -M. No.3 of 1997) in the High Court for vacation of the interim…

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