Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4(1)(a)

Law: Constitution of Pakistan, 1973

Section: 199,212

(a) Punjab Service Tribunals Act (IX of 1974)---   ----S. 4(1)(a)---Constitution of Pakistan (1973), Arts.199 212---Constitutional petition--- Maintainability--- Petitioners assailed appointment of 80 Sub-Divisional Officers through process of Departmental Selection Committee---Plea raised by authorities was that in view of Art. 212 of the Constitution, the petition was barred---Validity---No final order was passed against petitioners by departmental authority in respect of terms and conditions of service of petitioners---Petitioners challenged summary for appointment and subsequently notification and action of authorities for selection in question on contract basis, therefore, High Court had jurisdiction to entertain petition under Art.199 of the Constitution---No appeal, under S.4 (1)(a) of Service Tribunals Act, 1974, could be filed before Service Tribunal against such act or action and notification, therefore, matter did not fall under the ambit of Art. 212 of the Constitution---Even if act or action of authorities was protected by Constitutional provisions by ouster clause, the superior courts still had jurisdiction to interfere with three categories* of cases, namely without jurisdiction; coram non judice; and mala fide---Petition was maintainable in circumstances.   Executive District Officer Schools and Literacy District Dir Lower and others v. Qamar Dost Khan and others 2006 SCMR 1630; 1995 PLC (C.S.) 377; 1995 PLC (C.S.) 765 and Iftikhar Ullah v. The Secretary, Irrigation and Power Department, Government of Punjab, Lahore and others 2002 PLC (C.S.) 720 rel.   (b) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--   ----Rr. 10(b) 13---Constitution of Pakistan (1973), Arts.3 199---Constitutional petition---Appointment on current charge basis---Recruitment on contract basis---Petitioners assailed appointment of 80 Sub-Divisional Officers through process of Departmental Selection Committee---Validity---Posts of Sub-Divisional Officers had already been filled by department by appointment on current charge basis till the arrival of regular incumbents in view of specific provisions of Rr. 10 (b) and 13 of Punjab…

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