Law:

Section:

Constitution of Pakistan (1973)-----Arts. 25 & 199---Constitutional jurisdiction---Scope---Civil service---Discrimination---Re-allocation of service group---Matter not relating to terms and conditions of service---Grievance of petitioner was that on availability of vacancy in Income Tax Group, he was entitled to be re-allocated to Income Tax Group, as in similar circumstances others were re-allocated---Plea of the petitioner was that declining re-allocation to him was violative of the provisions of Art.25 of the Constitution and against the persistent practice---Validity---Authorities were not able to controvert the factual position that there was a consistent practice of re-allocation of groups to different candidates after the vacancies were caused---Petitioner was not treated at par with other incumbents and was discriminated against on account of bureaucratic wrangling---Matter of re-allocation of service group did not fall within the ambit of the jurisdiction of Service Tribunal as the same was not covered by terms and conditions of service---Bar of jurisdiction contained in Art.212 of the Constitution was not attracted---Petition, was allowed in circumstances. Fakhar-uz-Zaman Ali Cheema v. Government of Pakistan through Secretary to Government of Pakistan, Cabinet Secretariat, Establishment Division, Islamabad and 2 others 2001 CLC 1277; S. Irshad-ur-Rehman v. Government of Pakistan through Chairman, Central Board of Revenue, Islamabad and 3 others 1993 PLC (C.S) 39; Amjad Latif v. C.B.R. and others 1996 CLC 1422; Pakistan International Airlines Corporation through Chairman and others v. Shahzad Farooq Malik 2004 SCMR 158; Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185; Dr. Neelam Hussain v. Dr. Razia Parveen Qureshi and 2 others 2003 PLC (C.S.) 1222; Messrs Radaka Corporation and others v. Collector of Customs and another 1989 SCMR 353 and Muhammad Ismail Solangi v. Deputy Inspector General, Pakistan Railways Police, HQS Office Lahore and another 2002 PLC (C.S.) 255 ref. Faroogh Naseem for petitioner. Hakim Ali Siddiqui, Advocate/Standing Council on behalf of D.A.G. for Respondent No.1…

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