Law: Punjab Civil Servants Act, 1974 

Section: 9,4

Law: Constitution of Pakistan, 1973

Section: 199,212

(a) Punjab Civil Servants Act (VIII of 1974)---   ----S. 9---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Arts.199 212---Constitutional petition---Civil service---Transfer---Petitioners had challenged orders whereby they were transferred---Plea of the petitioners was that they had no alternate remedy because once they had filed representation before competent Authority under the Punjab Service Tribunals Act, 1974, they had to wait for 90 days before they could file an appeal; that they were left `remediless for 90 days and it was that period that constitutional petition could be maintained---Validity---Article 199 of the Constitution was subject to the Constitution, while Art.212 being a non-obstante Article would prevail over Art.199---Article 212 had clearly stated that no court would grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extended-High Court, in circumstances had no jurisdiction to entertain a matter that stood barred under Art.212 of the Constitution---Contentions of the counsel for the petitioners that he had been left remediless after filing his representation under S.4 of Punjab Service Tribunals Act, 1974, was without force---Filing of the representation before a Departmental Authority, was itself initiation of the remedy under S.4(1)(a) of Punjab Service Tribunals Act, 1974---Pendency of the representation for a maximum period of 90 days was a part of procedure/remedies prescribed for a civil servant, which then culminated into right to file an appeal---Pendency of representation before the Departmental Authority, could not be taken to mean that the petitioners had been left remediless; petitioners, in fact had invoked the remedy and the remedial process had been set in motion---Even if a writ was issued during that period of 90 days, it would make a mockery of the statutory process provided under S.4(1)(a) of Punjab Service Tribunals Act, 1974, rendering the final right to appeal in 90 days totally meaningless---Constitutional jurisdiction could not be put to use to frustrate statutory remedial…

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