1989 PLP (C (PLC(CS))
GUL AZAD KHAN, EADA (E&M), Directorate of Agriculture and 13 others Versus N.-W.F. PROVINCE and 37 others
| Citation | 1989 PLP (C (PLC(CS)) |
| Forum / Court | Peshawar High Court |
| Bench Members | Raza Ahmad Khan and Bashir Muhammad Jehangiri, JJ |
| Parties | GUL AZAD KHAN, EADA (E&M), Directorate of Agriculture and 13 others Versus N.-W.F. PROVINCE and 37 others |
| Primary Law | North-West Frontier Province Service Tribunals Act (I of 1974) |
Q1: What are the key laws and sections cited in 1989 PLP (C (PLC(CS))?
This judgment primarily cites: North-West Frontier Province Service Tribunals Act (I of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP (C (PLC(CS))?
The case was heard and decided by the Peshawar High Court bench comprising: Raza Ahmad Khan and Bashir Muhammad Jehangiri, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP (C (PLC(CS)) (GUL AZAD KHAN, EADA (E&M), Directorate of Agriculture and 13 others Versus N.-W.F. PROVINCE and 37 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Atiqur Rehman Qazi for Petitioners.
- Jalaluddin Akbarji, A.-G. for Respondents.
- Date of hearing: 14th November, 1988.
Headnotes / Summary
Ss. 3 & 4--North-West Frontier Province Civil Servants Act (XV11I of 1973), S. 26--Notification No. FD(SR-1)/1-8/76-Vol. II, dated 29th April, 1984--Ndrth West Frontier Province Civil Servants Pay Revision Rules, 1978, R. 10(22)- Constitution of Pakistan (1973), Art. 199--Constitutional jurisdiction, exercise of- Matter involved salary of civil servants and increment therein--Such matter constitutes and falls within the "terms and conditions of service of civil servants"- Jurisdiction in such matters vested exclusively in Service Tribunal--Constitutional petition, therefore, not being competent on that score was dismissed for want of jurisdiction.
Judgment & Decree
Jalaluddin Akbarji, A.-G. for Respondents. Date of hearing: 14th November, 1988. RAZA AHMAD KHAN, J.--By this Constitutional petition the petitioners, who are employees of Agriculture Department, N.-W.F.P., have called in question Notification No. FD (SR-I)/1-8/76-Vol.II, dated 29th April, 1984, issued under section 26 of the N.-W.F.P. Civil Servants Act, 1973, whereby amendment in sub-rule (22) of rule 10 of the N.-W.F.P. Civil Services Pay Revision Rules, 1978, was incorporated; on the point of its prospective or retrospective operation which is going to materially affect the increments in the salary of the petitioners. We have heard at length, Qazi Atiqur Rehman, the learned counsel for the petitioners and during the course of arguments the question of jurisdiction of this Court to hear the matter arose. It has been candidly admitted by the learned counsel that the salary itself and the increment therein constitutes and falls within the "terms and conditions of service of civil servants" as postulated in subsection (2) of section 3 of the N.- W.F.P. Service Tribunals Act, 1974. Since the jurisdiction in respect of matters relating to the terms and conditions of service of civil servants vests exclusively in a Tribunal set-up under subsection (1) of section 3 ibid, there is no escape from the conclusion that this writ petition is not competent on this score and the N.- W.F.P. Service Tribunal has exclusive jurisdiction to decide the matter in issue. Vie also intentionally avoid to examine the legal effects of the notification which, as it speaks for itself, is to come into operation with immediate effect. In our view, it is exclusively for the N.-W.F.P. Service Tribunal to examine and record its finding on the matter. The petitioners, therefore, can approach the Service Tribunal, if so advised. With these observations we find that for want of jurisdiction this writ petition cannot be entertained and accordingly is dismissed hereby, leaving the parties to bear their own costs. A.A./664/P Petition dismissed.