2000 PLP (C (PLC(CS))
POST OFFICES, DIR, BUTKHELA Versus DIRECTOR-GENERAL, PAKISAN POST OFFICES, ISLAMABAD and another
| Citation | 2000 PLP (C (PLC(CS)) |
| Forum / Court | Peshawar High Court |
| Bench Members | Nasirul Mulk and Muhammad Azam Khan, JJ |
| Parties | POST OFFICES, DIR, BUTKHELA Versus DIRECTOR-GENERAL, PAKISAN POST OFFICES, ISLAMABAD and another |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2000 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP (C (PLC(CS))?
The case was heard and decided by the Peshawar High Court bench comprising: Nasirul Mulk and Muhammad Azam Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP (C (PLC(CS)) (POST OFFICES, DIR, BUTKHELA Versus DIRECTOR-GENERAL, PAKISAN POST OFFICES, ISLAMABAD and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Latif for Petitioner.
Headnotes / Summary
Arts. 199 & 212(2)
Constitutional petition
Exercise of Constitutional jurisdiction by High Court in matters related to terms and conditions of service
Petitioner was an employee of Federal Government and was posted and transferred to different stations on almost seven occasions within a period of three and a half years
Jurisdiction of High Court to interfere
Where matter related to terms and conditions of service, High Court could not allow any relief in view of express provisions of Art.212(2) of the Constitution, as such matters fell within the exclusive jurisdiction of the Service Tribunal
Petition was dismissed in limine. Miss Rukhsana Ijaz v. Secretary, Education, Punjab and others 1997 SCMR 167 and Ayyaz Anjum v, Government of Punjab, Housing and Physical Planning Department through Secretary and others 1997 SCMR 169 rel.
Judgment & Decree
Petitioner, Nazir Muhammad Shah, has preferred the present petition under Article 199 of the Constitution of Islamic Republic of Pakistan, wherein he has challenged the order, dated 6‑8‑1999 passed by the respondent No.2 in respect of the cancellation of his posting order designated as Senior Post Master, Dir at Butkhela, as mala fide, arbitrary and without lawful authority.
2. According to the averments of the petition the petitioner was serving as Senior Post Master in the postal service of Pakistan and that he was repeatedly transferred from one office to another during the short span of period with mala fide intention as a result of which his domestic and social life was badly affected and that he was mentally disturbed. He further averred that the act of the respondents was on account of political motivation and that he was being tortured with no fault of him. He further contended that he filed a departmental appeal‑before respondent No.l but to no avail. Since the Federal Service Tribunal was not in existence as its Chairman had retired and no other Chairman had been appointed, therefore, he had other remedy available to him except to move the extraordinary jurisdiction of this Court.
3. We have heard the learned counsel for the petitioner and have gone through the record of the case.
4. A pre‑admission notice was issued to Deputy Attorney‑General but none appeared on behalf of the respondents. The learned counsel for the petitioner outrightly admitted that it was a service matter in which the jurisdiction of the Service Tribunal is involved, but since the Federal Service Tribunal was not in existence due to the retirement of its Chairman and was, therefore, not taking up its routine work was coram non judice. Therefore, having no other remedy available to the petitioner he has preferred the present petition.
5. We have our full sympathy with the petitioner as he has been definitely posted and transferred to different stations for almost seven occasions within a period of three and a half years yet we are constrained to allow him any relief in view of the expressed provisions of Article 212(2) of the Constitution of Pakistan as it is a matter which relates to terms and conditions of service and the dispute relating to such matters falls within the exclusive jurisdiction of the Service Tribunal. Reliance is, placed on Miss Rukhsana Ijaz v. Secretary, Education, Punjab and others (1997 SCMR page 167) and Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department through Secretary and others (1997 SCMR page 169). In view of the aforementioned facts the petition has no merit and is dismissed in limine alongwith Civil Miscellaneous. Q.M.H./M.A.K./501/P Petition dismissed.