Law: Balochistan Civil Servants Deputation Policy, 2012

Section: 8

Law: Constitution of Pakistan, 1973

Section: 199,212

Balochistan Civil Servants Act (IX of 1974)---   ----S. 8---Constitution of Pakistan (1973), Arts.199 212---Constitutional petition---Maintainability---Seniority list---Remedy---Petitioners were civil servants and aggrieved of fixation of seniority---Validity---Remedy against seniority list was representation/appeal to competent authority, which respondents had availed---Competent authority had passed an order reviewing the seniority list, against which order law had provided a remedy byway of filing appeal before Service Tribunal---As corrigendum issued by competent authority regarding seniority list pertained to terms and conditions of service, therefore, in view of bar contained in Art. 212 of the Constitution, High Court had no jurisdiction to entertain the petition against such order---High Court declined to interfere in the seniority list prepared by competent authority---Petition was dismissed in limine.    2007 SCMR 54 rel.   JUDGMENT JAMAL KHAN MANDOKHAIL, J.---Briefly stated facts of the petition are that by means of common judgment dated 30-8-2007, passed in Service Appeals Nos.115 and 116 of 2000, filed by Abdul Rashid and Abdul Waheed Khan, the Balochistan Services Tribunal, Quetta (the Tribunal) had directed the Provincial Selection Board (the Board) to re-examine the matter and to issue fresh seniority list keeping in view all the rules, regulations and dates of appointment of incumbents. 2. After remand of the case, the Board had initially circulated provisional seniority list on 14-4-2008 and later on final seniority list was circulated on 30-3-2009, which contain the names of petitioners as well. After issuance of final list, the private respondents, feeling aggrieved, have challenged the same before the competent authority by filing representation/appeal. Main contention of private respondents in their appeal was that the Board, while preparing seniority list, had not considered their case and they have been deprived from their right. 3. The competent authority was convinced and has issued corrigendum on 16th November, 2009, wherein the seniority list dated 30-3-2009 was reviewed the private respondents were adjusted. The…

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