| Citation(s) |
|---|
| 1990 SLG 777 1990 SLD 777 1990 SCMR 790 |
Supreme Court of Pakistan
Civil Appeal No.20-Q of 1989, decision dated: 28-09-1989.
MUHAMMAD AFZAL ZILLAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
M. Riaz Ahmed, Advocate Supreme Court/Advocate-on-Record for Appellant.
Respondent No. 1 in person. Nemo for
Respondents Nos.2 and 3.
Civil Appeal No.20-Q of 1989, decision dated: 28-09-1989.
MUHAMMAD AFZAL ZILLAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
M. Riaz Ahmed, Advocate Supreme Court/Advocate-on-Record for Appellant.
Respondent No. 1 in person. Nemo for
Respondents Nos.2 and 3.
ACCOUNTANT GENERAL, BALOCHISTAN, Quetta court--Appellant
VS
ABDUL MAJEED BABAR and others--Respondents
Law:
Section:
(a) Constitution of Pakistan (1973)------Art.212(3)---Terms an conditions of service---Leave to appeal was granted to examine whether the grievance taken by civil servant to High Court and decided by it, was not relatable to the terms and conditions of service of a Civil Servant and hence within the exclusive jurisdiction of the Service Tribunal. (b) Civil service--- --- Terms and conditions of service of Federal Government employee were to be governed by Federal Government notwithstanding his posting in the Province. (c) Constitution of Pakistan (1973)-- ---Art.212(3)---Service Tribunals Act (LXX of 1973), S.4---Civ;J Servant---Terms and conditions of service---Jurisdiction---Service Tribunal has the exclusive jurisdiction to adjudicate on the terms and conditions of a Civil Servant and the jurisdiction of High Court is barred in the matter---Supreme Court set aside the adjudication of the High Court: relating to terms and conditions of Civil Servant, advising him to approach the Service Tribunal for his grievance.---[Jurisdiction]. (d) Civil service--- --- Departmental authority---Accountant-General qualifies as the departmental authority because it is that authority which issues salary slip which is the authorization to draw a particular pay---Accountant-General has to determine as to what should be contained in the salary slip and it has to be in conformity with law---While issuing salary slip, Accountant-General is not performing a ministerial function of only transmitting ;in order, but of determining the validity and effect of that order also, and to that extent it acts as a departmental authority. JUDGMENT SHAFIUR RAHMAN J.---Leave to appeal was granted under Articie 212(3) of the Constitution to the Accountant-General, Balochistan, to examine whether the grievance taken by the. respondent to the Balochistan High Court and decided by it was not relatable to the terms and conditions of service of a civil servant and hence within the exclusive ,jurisdiction of Scrvicc Tribunal. The factual background of the appeal is that the respondent while in service belonged to the District Management Group of the Federal- Government. By a notification dated 13th of…
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