Law:

Section:

Constitution of Pakistan (1973)--Arts. 212(3) & 199---Appointment of civil servant on temporary basis--­Termination of service after five months pursuant to the directive issued by the Prime Minister Secretariat, seeking review of all recruitments which were in contravention of merits and in violation of policy---Civil servant challenged his termination from service before High Court under its Constitutional jurisdiction under Art. 199 of the Constitution wherein High Court directed the Provincial Government to relax the ban on recruitment to the extent of the case of civil servant---Validity---Contention of the Authority was that High Court had no jurisdiction to interfere with the matter, in view of the ban contained in Art.212 of the Constitution, inasmuch as, the matter related to the terms and conditions of service of civil servant---Leave to appeal was granted by Supreme Court to the Authority to consider whether in the circumstances of the case, the High Court was competent and justified to pass the impugned order, with direction that meanwhile, operation of the order of the High Court was suspended. Muhammad Sharif Butt, Advocate Supreme Court with Rao Muhammad Yusuf Khan, Government Advocate-on-Record for Petitioner. Date of hearing: 8th September, 1999. ORDER IRSHAD HASAN KHAN, ACTG. C.J.---This petition for leave to appeal is directed against the judgment, dated 10-12-1997, passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur in Writ Petition No.5477 of 1997/BWP. 2. Brief facts are that on 3-10-1996 the…

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