Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD SARFARAZ VS Respondent: GOVERNMENT OF PAKISTAN
1992 P L C (C
1992 P L C (C.S.) 979
[Lahore High Court]
Before Malik Muhammad Qayyum, J
MUHAMMAD SARFARAZ and 5 others
Versus
GOVERNMENT OF PAKISTAN and 13 others
Writ Petition No.4951 of 1988, decided on 9th March, 1992.
(a) Constitution of Pakistan (1973)---
----Art. 212---Bar of jurisdiction of High Court--Crux of dispute between parties was as to whether respondents civil servants who did not possess recognised Engineering qualifications and had not been registered as Professional Engineers, were entitled to be promoted to posts in BPS-18, which involved performance of "Professional Engineering work"---Such dispute related to eligibility of civil servants to be promoted and was clearly covered by Art. 212 of the Constitution barring jurisdiction of High Court to adjudicate such matter.
(b) Pakistan Engineering Council Act (V of 1976)---
----S. 2---Dispute between parties was that respondent civil servants having not been registered as Professional Engineers whether were/were not entitled to be promoted- to posts in BPS-18, which involved performance of professional engineering works---Such dispute related to eligibility of civil servants to be promoted and was within exclusive jurisdiction of Service Tribunal.
Superintendent of Police Headquarters, Lahore and 2 others v. Muhammad Latif PLD 1988 SC 387 and Abdul Wahab Khan v. Government of Punjab and 3 others 1989 PLD SC 508 rel.
(c) Punjab Service Tribunals Act (IX of 1974)---
----S.5---Pakistan Engineering Council Act (V of 1976), S. 2---Interpretation of law by Service Tribunal falls within ambit of its powers---Service Tribunal, while considering question of eligibility for promotion could interpret the law applicable and give effect to it---Service Tribunal could examine even validity and vires of rules applicable.
Iqan Ahmad Khurram v. Government of Pakistan and others PLD 1980 SC 153 rel.
(d) Constitution of Pakistan (1973)---
----Arts. 199 & 212---Jurisdiction of High Court---Matter related to promotion of civil servants---Constitutional petition was not maintainable in view of bar of jurisdiction---Service Tribunal had exclusive jurisdiction to adjudicate such matter.
Rana Muhammad Sarwar for Petitioners.
Ch. Fazal-e-Hussain for Respondents Nos. 1 to 5.
Abid Hassan Minto for Respondent No. 6.
S.M. Zafar and Zahid Hussain for Respondents Nos. 7, 8 and 10 to 14.
Hamid Khan for Respondent No. 9
Date of hearing: 28th October, 1991.