Law:

Section:

Service Tribunals Act (LXX of 1973)-------S.2-A [as inserted by Service Tribunals (Amendment) Act- (XVII of 1997)]---Constitution of Pakistan (1973), Arts. 199 & 212---Civil service--­Constitutional petition---Maintainability---Petitioners, serving in different categories in the Airline Corporation, had claimed upgrading of their pay group and payment of salary and allowances accordingly in their Constitutional petition---Petitioners who had attained status of civil servants after insertion of S.2-A in Service Tribunals Act, 1973 had adequate remedy available before Service Tribunal having jurisdiction to decide all pleas including, mala fides, ultra vires and coram 'ton judice---Constitutional petitions filed by petitioners being barred by Art.212 of the Constitution were dismissed being not maintainable in circumstances. Nishat Warsi for Petitioners. Obaidur Rehman for Respondent No. l (in C.P. No. D-198 of 1998). K.B. Bhutto for Respondent No.4 (in C.P. No. D-198 of 1997). Amir Malik for Respondent No. 1 (in C. Ps. Nos. D-713/97, D-714/97, D-715 of 1997 and D-2355 of 1996). Date of hearing: 5th January, 1998. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J.---This judgment will dispose of the Petitions Nos. D-2355 of 1996 and Nos. D-713, 714, 715 and 198 of 1997, as in all these Petitions common questions of law are involved. Petitioner Syed Safdar Ali Shah (No. D-2355/1996) was employed as Cabin Crew on 19th August, 1975 and was placed in pay Group VI in .1993. At the time, the Petition was filed he was serving as a Senior Purser in Flight Service Department of Pakistan International Air Line. According to him, respondent Zia Pasha was junior to him but the latter was granted Pay Group No. VIII. The petitioner, therefore, prays that the respondent No. l (PIA) be directed to pay him salary and allowances of Group No.VIII. Petitioner Ejaz Ahmed Orakzai (No. D-713/97) was appointed as a Cargo Assistant of Flight Department on 13-10-1992. He has claimed that by the competent Authority he was approved for promotion/selection in Group No. VI, but instead the respondents Nos.3 and 4 viz Zia Pasha, and Murad Gulzar, were issued letters for above purposes, and the Petitioner…

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