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Petitioner: GHULAM MURTAZA NASIR VS Respondent: GOVERNMENT OF THE PUNJAB
1992 P L C (C
1992 P L C (C.S.) 1365
[Lahore High Court]
Before Khalil-ur-Rehman Khan, J
GHULAM MURTAZA NASIR
Versus
THE GOVERNMENT OF THE PUNJAB through Secretary Education, Punjab, Lahore and 13 others.
Writ Petitions Nos. 3354-S and 4196 of 1991, decided on 30th June, 1992.
Constitution of Pakistan (1973)---
----Art. 199---Punjab Service Tribunals Act (IX of 1974), S.4---Punjab Education Department (Schools Education) Recruitment Rules, 1987, Sched. Item 5---Constitutional petition---Scope---Bar of jurisdiction---Matter where exclusive jurisdiction resting in Service Tribunal---Promotion of teachers in BPS-15 as Headmasters and Subject-Specialists---Post of Headmaster carried administrative powers and additional allowance---Plea of petitioners who were promoted as Subject-Specialist was that they having been similarly circumstanced with respondents (promoted as Headmasters) had been treated in a discriminatory manner in violation of fundamental, rights guaranteed by the Constitution---Promotion awarded to either of the groups (Subject Specialists and Headmasters) was not being challenged but posting on promotion was being challenged on ground of discrimination---Question whether postings as ordered against the two category of posts otherwise carrying the same grade and pay was discriminatory and whether the promotion in the, manner ordered had the effect of suppression of seniors and as such violative of the terms and conditions of service of petitioners-- All such questions essentially pertained to terms and conditions of civil servants---Service Tribunal would have exclusive jurisdiction -to determine such matters---Constitutional jurisdiction could not be invoked for resolving such controversy---Constitutional petitions were dismissed in circumstances.
Hassan Ahmad Khan Kanwar for Petitioners.
Irfan Qadir, Addl. A.-G. for Respondents.