Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GOVERNMENT OF SINDH through Secretary Education and Literacy Department and others VS Respondent: NIZAKAT ALI and others
Court Name: Supreme Court of Pakistan Judge(s): Jawwad S. Khawaja, Iftikhar Muhammad Chaudhry Title:GOVERNMENT OF SINDH through Secretary Education and Literacy
Department and others vs NIZAKAT ALI and others Case No.: Civil Petition No, 534-K of 2010 Date of Judgment:2010-12-27 Reported As: 2011 SCMR 592 Result: Petition dismissed Judgment ORDER ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---Mr. Abdul. Fattah Malik, learned Additional Advocate- General, Sindh states that grievance of the petitioner only relates to the jurisdiction of High Court under Article 199 of the Constitution in view of the complete ouster contemplated under Article 212 of the Constitution. According to him non-payment of salary is one of the Terms and Conditions of service therefore, respondents could have availed their remedy before the Tribunal and the High Court may have not entertained the writ petition. However, he stated that order of the High Court has been implemented and salaries of respondents are being paid to them regularly. 2. As far as, objection raised by learned Additional Advocate-General Sindh with regard to jurisdiction of the High Court to decide the case under Article 199 of the Constitution pertaining to the Terms and Conditions is concerned, it seems to be valid prima facie, but in the instant case order has been implemented and it would create hardship for the respondents if any adverse order against them is passed. However, it is observed that in future the High Court may determine before entertaining such writ petitions as to whether the jurisdiction to decide such cases is barred under Article 212 of the Constitution, particularly when the matter pertains to Terms and Conditions of the employees. ' Thus with the above observations petition stands dismissed. Leave declined.