1997 SCMR 1124 (PLP)

(On appeal from the order dated 6‑10‑1996 passed by the Lahore High Court in W. P. No. 16940 of 1996). ‑‑‑‑S. 9‑‑‑Constitution of Pakistan (1973), Arts.212 & 199‑‑‑Civil servant‑‑ Transfer‑‑‑High Court suspending operation of transfer order in exercise of its Constitutional jurisdiction under Art.199 of the Constitution ‑‑‑Validity‑‑ Dispute between parties related to their posting/transfer inter se which matter was relatable to terms and conditions of their service‑‑‑Such dispute would fall within exclusive jurisdiction of Service Tribunal and jurisdiction of all other Courts including High Court was expressly barred by provision of Art.212 of the Constitution‑‑‑Such aspect of matter was not looked into by High Court before passing order in question‑‑‑Petition for leave to appeal was converted into appeal which was allowed and stay order in question issued by High Court was set aside with observation that High Court should first determine question of its jurisdiction before passing any interim order and to dispose of Constitutional petition within specified time. Rana Muhammad Arshad' Advocate Supreme Court for Petitioner. Ch. Riasat Ali, Advocate Supreme Court with M.A. Qureshi, Advocate‑on‑Record for the Caveator/Respondent No.

1. Date of hearing: 19th November, 1996. ZIA MAHMOOD MIRZA, J.‑‑‑Petitioner and respondent No. l are the officers of Local Council Service and admittedly civil servants. Dispute between them relates to their transfer/posting inter se. It appears that by order dated 18‑8‑1996, respondent No.l was posted as Chief Officer, Zila Council. Narowal but this' order was subsequently cancelled vide order, dated 16th September, 1996 whereby he was posted as Chief Officer, Zila Council. Pakpattan Sharif vice the present petitioner who was directed to report to the Punjab Local Government Board, Lahore for further posting. Order dated 16‑9‑1996 was modified by order, dated 19th September, 1996, allowing the petitioner to continue as Chief Officer, Zila Council, Pakpattan Sharif and respondent No.l was instead asked to report to the Punjab Local Government Board for further posting.

2. Feeling aggrieved, respondent No.l filed a Constitutional petition in the Lahore High Court to assail the validity of the order dated 19‑9‑1996 contending that his transfer was cancelled at the behest of M.N.A. who had no jurisdiction in the matter. Writ petition was admitted to regular hearing on 23‑9‑1996 and operation of the order impugned therein was suspended. Petitioner seeks leave to appeal against the interim stay order issued by the High Court

3. We have heard the learned counsel for the parties. As stated above, the dispute between the parties relates to their posting/transfer inter se which is a matter relatable to the terms and conditions of their service. Such disputes fall within the exclusive jurisdiction of the Service Tribunal and the jurisdiction of all other Courts including High Court is expressly barred by virtue of the provisions of Article 212(2) of the constitution. This aspect of the matter, it appears has not been looked into by the learned Judge in the High Court before passing the impugned order. This petition is, therefore, converted into an appeal which is allowed and the impugned stay order issued by the High Court is set aside with the observation that the High Court should first determine the question of its jurisdiction before passing any interim order. The High Court may preferably dispose of writ petition within two months. A.A./K‑319/S Case remanded.