| Citation(s) |
|---|
| 2004 SLG 1433 2004 SLD 1433 2004 PLC 119 |
Sindh High Court
Constitutional Petition No.D-2155 of 1995 decided on 27th May 2003.
SAIYED SAEED ASHHAD, C.J. AND GHULAM RABBANI, J
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Constitutional Petition No.D-2155 of 1995 decided on 27th May 2003.
SAIYED SAEED ASHHAD, C.J. AND GHULAM RABBANI, J
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NAZEER AHMED KHAN
VS
PAKISTAN INTERNATIONAL AIRLINES CORPORATION
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-------Ss. 2-A & 4---Constitution of Pakistan (1973), Art. 199--Constitutional petition---Maintainability---Terms and conditions of service---Petitioner was an employee of Pakistan International Airlines Corporation---Grievance of the petitioner was with regard to refusal of the Corporation to allow him to proceed on retirement on medical ground---During the pendency of the petition, S.2-A was inserted in Service Tribunals Act, 1973---Effect---After such insertion, the petitioner had acquired the status of civil servant for the purpose of Service Tribunals Act, 1973, and all proceedings pending in any Court were to abate---Retirement was one of the issues which was covered within the scope of terms and conditions of service of civil servant--Only forum available to the petitioner for redress of his grievance was the Service Tribunal which he ought to have approached without loss of time as the present petition had abated after insertion of S.2-A in Service Tribunals Act, 1973---Petition was dismissed in circumstances. (b) Service Tribunals. Act (LXX of 1973)---- ----S.4---Jurisdiction of Service Tribunal, invoking of---Retired civil servant---Scope---'Civil servant after his retirement is competent to invoke the jurisdiction of Service Tribunal for redress of any grievance relating to the terms and conditions of service. (c) Service Tribunals Act (LXX of 1973)----- ----S.4---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction of High Court---Matter relating to terms and conditions of service---Jurisdiction of Service Tribunal---Scope---Order relating to such matter even if mala fide, illegal, void or coram no judice, would have to be assailed/challenged by aggrieved civil servant by filing appeal in Service Tribunal---Constitutional petition was not competent in such cases. Asadullah Arshad v. Haji Muhammad Muneer 1998 SCMR 2129; Nazrul Hassan Siddiqui and others v. Federation of Pakistan and others 2000 PLC (C.S.) 189; Agricultural Development Bank of Pakistan and another v. Imtiaz Ahmed Gill 1999 SCMR 650 and Pervaiz Aslam v. Ilyas Hussain Shah and another 1999 SCMR 784 rel. (d) Constitution of…
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