Law:

Section:

Service Tribunals Act (LXX of 1973)----------S.4(b)---Constitution of Pakistan. (1973) Arts. 199 & 212---Constitutional petition---Move-over to next basic pay scale---Bar contained in Art.212 of the Constitution--Applicability---Petitioner being employee of PCSIR Laboratories was deprived of move-over in basic pay scale No.20 on the ground that he secured two good and three average reports--Service Tribunal under of the Service Tribunals Act, 1973, declined to entertain the appeal the petitioner for the reason that Tribunal had no jurisdiction to entertain appeal against determination of the case---Validity---Where the Service Tribunals had jurisdiction to entertain and decide the matter, bar contained under Art.212 of the Constitution was applicable---Service Tribunal in the present case refused to decide the matter for want of junk hence High Court could interfere and the bar contained under Art.212 of the Constitution did not attract in such- like cases---High Court could entertain Constitutional petition of the employees whose cases had been considered by the department and had not been found fit for promotion and the bar under Art.212 of the Constitution did not affect the Constitutional jurisdiction of High Court---Petitioner, in the present case, had been deprived of granting move-over in basic pay scale No.20, High Court directed the authorities to grant the same to the petitioner---Petition was allowed in circumstances. Muhammad Anwar v. The Secretary, Establishment Division Rawalpindi and 2 others PLD 1992 SC 144; Federation of Pakistan v. Muhammad Qaisar Khan 1994 SCMR 544; Waseem Ahmad Khan v. WAPDA and 3 others 1997 SCMR 2000; Zahir Ullah and 13 others v . Chairman, WAPDA Lahore and others 2000 SCMR 826-and Gulzeb Hussain v. Sui Northern Gas Pipelines Limited and 2 others 2000 SCMR 959 ref. Syed Zafar Ali Shah for Petitioner. Kh. Saeed-ui-Zafar, Dy. A.-G. and Mian Tariq Sultan for Respondents. Dates of hearing: 5th and 12th October, 2001. JUDGMENT Through this Constitutional petition the petitioner seeks declaring of letters, dated 22-9-1990 and 24-12-1990 as without lawful authority and of no legal effect. It is also prayed that the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492