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Petitioner: MUHAMMAD EJAZ KHAN VS Respondent: DIRECTOR OF EDUCATION(SCHOOLS) MULTAN DIVISION MULTAN
1992 P L C (C
1992 P L C (C.S.) 110
[Lahore High Court]
Present Zia Mahmood Mirza, J
MUHAMMAD EJAZ KHAN and 11 others
Versus
DIRECTOR OF EDUCATION (SCHOOLS), MULTAN DIVISION MULTAN and 2 others
Writ Petitions Nos.991, 1068, 2120, 2121, 2122, 2123, 2412 of 1989 and 544 of 1990, decided on 17th April, 1990.
(a) Punjab Service Tribunals Act (IX of 1974)---
----Ss. 3 & 4---Constitution of Pakistan (1973), Arts.199 & 212---Jurisdiction of Service Tribunal---Service Tribunal constituted under relevant law, had been given exclusive jurisdiction in matters relating to terms and conditions of service of civil servants---As soon as a Tribunal was established, all other Courts were divested of jurisdiction to grant any injunction, make any order or entertain any proceedings in respect of matters lying within competence of Service Tribunal---No other Court, including High Court, would have jurisdiction in matters where appeal was competent before a Service Tribunal.
P L D 1983 SC 100; P L D 1988 SC 387; P L D 1989 SC 508; 1981 PLC (C.S.) 190; 1981 PLC (C.S.) 277; Muhammad Aslam Bajwa v. Federation of Pakistan P L D.1974 Lah. 545; M. Yameen Qureshi v. Islamic Republic of Pakistan and another P L D 1980 SC 22; Iqan Ahmad Khurram v. Government of Pakistan P L D 1980 SC 153; Mian Amanul Mulk v. N: W.F.P. through Chief Secretary P L D 1981 Pesh. 1 and Dr. Raja Mansoor Elahi v. N: W.F.P. P L D 1980 Pesh 81 ref.
(b) Punjab Service Tribunals Act (IX of 1974)---
----Ss. 3 & 4---Constitution of Pakistan (1973), Arts.199 & 212---Jurisdiction of Tribunals---In matters relating to terms and conditions of a civil servant, which lay within competence of Service Tribunal, jurisdiction of all other Courts including High Court, had stood ousted.
(c) Punjab Service Tribunals Act (IX of 1974)---
----Ss. 3 & 4---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction, exercise of---Powers of High Court under Art.199 of the Constitution, 1973, were very limited and High Court could not interfere with an order of Authority unless that order was made without jurisdiction or without lawful authority---Service Tribunal, being a Court of appeal, had very wide powers and in appropriate cases could examine even propriety of order passed by a departmental Authority.
M. Yamin Qureshi's case P L D 1980 SC 22 ref.
Altaf Ibrahim for Petitioners.
Tassadaq Hussain Jillani, AddlA.-G. for Respondents,
Dates of hearing: 16 and 17th April, 1990.