Terms and conditions of service of civil servant: High court has no jurisdiction to entertain proceedings: SC



ISLAMABAD: The Splendid Court docket has held that the prime courtroom has no jurisdiction to entertain any complaints in appreciate of phrases and stipulations of carrier of a civil servant which can also be adjudicated upon by means of the Tribunal.

A 3-judge bench, headed by means of Justice Umar Ata Bandial, dominated on an enchantment of the Leader Secretary, Punjab. The bench put aside the decision of Lahore Prime Court docket (LHC).

The Punjab Provincial Variety Board declined the proforma promotion of Shamim Usman (respondent). He as a substitute of difficult the stated order earlier than the Punjab Provider Tribunal constituted underneath the Punjab Provider Tribunals Act, 1974, invoked the constitutional jurisdiction of the Prime Court docket, which thru impugned order dated 19.02.2020 directed the related authority to grant proforma promotion to Shamim Usman in Grade-20.

The Punjab executive challenged the order earlier than the apex courtroom at the floor that the Prime Court docket had no jurisdiction to entertain the topic within the mild of the constitutional bar contained in Article 212 of the Charter.

The judgment authored by means of Justice Syed Mansoor Ali Shah stated that Article 212(1)(a) supplies {that a} Tribunal established underneath the regulation will experience unique jurisdiction within the issues in relation to phrases and stipulations of individuals who’re or had been within the carrier of Pakistan, together with disciplinary issues. The time period “phrases and stipulations” is obviously spelt out in Bankruptcy II of the Punjab Civil Servants Act, 1974 and the principles thereunder.

It additional stated that Article 212(2) in unambiguous phrases states that no different Court docket can grant injunction, make any order or entertain any complaints in appreciate of any topic to which the jurisdiction of such Administrative Court docket or Tribunal extends.

The scope of jurisdiction and powers of the Tribunal are supplied in sections 4 and 5 of the Act. The Prime Court docket, subsequently, has no jurisdiction to entertain any complaints in appreciate of phrases and stipulations of carrier of a civil servant which can also be adjudicated upon by means of the Tribunal underneath the Act.

“It’s only underneath phase 4(1)(b) of the Act that no enchantment can mislead a Tribunal in opposition to an order or choice figuring out the ‘health’ of an individual to be appointed or promoted and falls outdoor the purview of the jurisdiction of the Tribunal. With a purpose to fall within the exception envisaged underneath phase 4(1)(b) of the Act, the order will have to decide ‘health’ of a civil servant to an appointment or promotion,” stated the judgment.

The courtroom maintained that within the quick case, the order underneath problem earlier than the Prime Court docket pertained to the eligibility of the petitioner to be even regarded as for proforma promotion because of the seniority of numerous officials looking ahead to promotion earlier than her and in no approach decided the ‘health’ of the respondent. The LHC as a constitutional courtroom must at all times take into account of the jurisdictional exclusion contained underneath Article 212 of the Charter. Any transgression of this constitutional limitation will render the order of the Prime Court docket void and unlawful.

The judgment stated except the jurisdiction of the Tribunal is ousted underneath phase 4(1)(b) of the Act, assumption of jurisdiction by means of the Prime Court docket in appreciate of issues of phrases and stipulations of a civil servant is unconstitutional and impermissible. Even the course handed within the previous constitutional petition, on this case, was once impermissible underneath the Charter.

Copyright Trade Recorder, 2021



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