| Citation(s) |
|---|
| 1990 SLG 1298 1990 SLD 1298 1990 PLC 185 |
Sindh High Court
Writ Petition No. 5129 of 1983 and Writ Petition No. 2162 of 1984, decided on 5th April, 1989.
ABDUL QADEER CHAUDHRY AND SYED HAIDER ALI PIRZADA, JJ
Nizam Ahmad for Petitioner. Niaz Ahmad Khan for
Respondents.
Writ Petition No. 5129 of 1983 and Writ Petition No. 2162 of 1984, decided on 5th April, 1989.
ABDUL QADEER CHAUDHRY AND SYED HAIDER ALI PIRZADA, JJ
Nizam Ahmad for Petitioner. Niaz Ahmad Khan for
Respondents.
MUHAMMAD AHMAD
VS
PAKISTAN and others MUHAMMAD AHMAD vs PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)-- ---Arts. 199, 212 & 212-A---Civil Services (Change in Nomenclature and Abolition of Service) Rules, 1973, Rr. 3, 5 & 8---Seniority---Seniority of petitioner was disturbed due to reservation of posts and fixation of ratio in same grade for purpose of promotion---Petition involved terms and conditions of service which fell within exclusive jurisdiction of Service Tribunal---Jurisdiction of High Court thus was barred in regard to all matters falling within ambit of authority of Tribunal to adjudicate even though Tribunal was conferred with jurisdiction limited to some of matters relating to terms and conditions of service---Petition being not maintainable was dismissed in circumstances. Abdul Bari v. Government of Pakistan and 2 others P L D 1981 Kar. 291; PLD1980SC22;PLD1980SC37;PLD1983S C 100andPLD1980Lah. 697 rel. (b) Punjab Service Tribunals Act (IX of 1974)-- ---S. 5---Jurisdiction---Service Tribunal has to function strictly within sphere allotted to it under Statute and is not a Court of general jurisdiction to entertain all disputes of civil nature. Messrs Standard Printing Press v. Sind Employees' Social Security Institution P L D 1978 Kar. 945 rel. (c) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4---Jurisdiction---Service Tribunal is deemed to be a Civil Court for purpose of deciding any appeal before it with all powers under Code of Civil Procedure--Service Tribunal like any Civil Court would have jurisdiction to examine whether or not a law is void by reason of its conflict with Fundamental Rights or is otherwise ultra vires or that order made is mala fide. Muhammad Hashim Khan and others v. Province of Baluchistan and others P L D 1976 Quetta 59 rel. JUDGMENT ABDUL QADEER CHAUDHRY, J.--The facts of the present pcotion are that the petitioner is holding the post of Assistant Accounts Officer of. ! he Accountant-General Sind, Karachi to which post he was promoted in 1964 after qualifying Departmental Examinations in 1958. The petitioner also passed in 1964 the Examination of Institute of Cost and Works Accountants (Intermediate Examination). On 3-3-1976 the respondent No. 1 issued office memorandum…
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