Law: Constitution of Pakistan, 1973

Section: 122

Constitution of Pakistan (1973)--Arts. 212 & 199---Service Tribunals Act (LXX of 1973), S.4--­Constitutional petition before High Court---Maintainability---Fringe benefits to Railways' employees on grant of selection grade to them which fell within the terms and conditions of their service---Withdrawal of---Validity---Forum to redress grievance of Railways' employees---Railways' employees were granted selection grade in BS-17 by the Competent Authority after observing all legal formalities and thereafter A.C.C. passes were allowed to them by the Railways Authorities which were fringe benefits falling within the terms and conditions of service of employees which could not be taken away by the Railways Department---Order of Railways Department withdrawing the A.C.C. passes allowed to said employees was not based on equity, fairplay and rather that appeared to be arbitrary which showed that the employees were being discriminated by the Department---Constitutional petition before High Court by Railways' employees was rightly dismissed by High Court for want of jurisdiction as grievance of the employees related to terms and conditions of service and appropriate forum for redressal of their grievance was the Service Tribunal. Engineer-in-Chief Branch v. Jalaluddin PLD 1992 SC 207; Government of Punjab and others v. Muhammad Awais Shahid and others 1991 SCMR 696; Muhammad Islam and others v. General Manager, Pakistan Railways 1994 SCMR 1626 and Government of Pakistan v. Syed Akhlaque Hussain and another PLD 1965 SC 527 distinguished. Mirza Masood-ur-Rehman, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Recrod (absent) for Appellant (in all Appeals). Afzal Ahmed Qureshi, Advocate Supreme Court and A. Abut Asim Jafri, Advocate-on-Record for Respondent No. 1. Date of hearing: 7th June, 2000 . .... JUDGMENT SYED DEEDAR HUSSAIN SHAH, J:---This judgment will govern the above appeals which are outcome of the impugned judgment dated 18-3-1996 passed by the Federal Service Tribunal involving same facts and law. Brief facts of the case are that respondents Rana Khalid Mahmood in Civil Appeal No. 1756 of 1996 respondent and Noor-uz-Zaman Qureshi in Civil Appeal…

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