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Petitioner: M. SIRJEES NAGI VS Respondent: ZIA-UD-DIN AHMED MALIK
1997 P L C (C
1997 P L C (C. S.) 160
[Supreme Court of Pakistan]
Present: Saiduzzaman Siddiqui, Fazal Ilahi Khan and Muhammad Bashir Khan Jehangiri, JJ
M . SIRJEES NAGI
versus
ZIA‑UD‑DIN AHMED MALIK and 2 others
Civil Petition No. 440‑C & M of 1995, decided on 13th September, 1995.
(On appeal from the judgment of Lahore High Court, Rawalpindi Bench, dated 4‑9‑1995 passed in C.M. No. 1846/95 in W.P. No. 931/95).
Civil Servants Act (LXXI of 1973)‑‑‑
‑‑‑‑S. 9‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Promotion‑‑‑Civil servant claimed that matter of promotion inter se between him and respondent related to terms and conditions of service therefore, jurisdiction of High Court in such matter was barred‑‑‑Civil servant's further contention was that application for grant of status quo was dismissed by High Court and against that order respondent had filed appeal in Supreme Court which was pending, therefore, subsequent status quo order granted by High Court was obtained by suppression of facts regarding pendency, of appeal before Supreme Court‑‑‑Civil servant further contended that order of status quo granted by High Court was in direct conflict with the order of Supreme Court in an appeal‑‑‑Leave to appeal was granted and order of status quo passed by High Court was suspended with direction to Authorities that in case any meeting of Selection Board was convened for promotion of officers to BPS‑21, then all eligible candidates should be considered in such meeting.
Petitioner in person.
Respondents Nos. 1 and 3 in person. Date of hearing: 13th September, 1995.
ORDER
SAIDUZZAMAN SIDDIQUI, J.‑‑‑The petitioner inter alia, contends that the dispute raised by respondent No. 1 in his Writ Petition No.931 of 1995 before the High Court related to the terms and conditions of service and therefore, the jurisdiction of High Court under Article 199 of the Constitution of Islamic Republic of‑Pakistan was barred. It is also contended that the application for grant of status quo was dismissed by the High Court on 24‑7‑1995 and against that order respondent No. 1 had filed C.P.L.A. No. 371 of 1995 in this Court which is pending and therefore, the subsequent status quo order granted by the High Court on 13‑8‑1995 was obtained by suppression of the facts regarding pendency of C.P.L.A. No.371 of 1995. In addition to these contentions, the petitioner further submitted that the order of status quo granted by the High Court was in direct conflict with the, order of this Court dated 26‑3‑1995 passed in Civil Appeal No. 226 of 1993. The contentions raised by the petitioner requires examination and we, accordingly, grant leave to appeal. The petitioner has filed an application for suspension of the status quo order granted by the High Court. After hearing the petitioner, respondents Nos. I and 3 and learned Deputy Attorney‑General, who was present in Court in some other case, we direct that the status quo order granted by the High Court is suspended with direction to respondent No. 2 that in case any meeting of Selection Board is convened for promotion of the officers to BPS‑21, then all the eligible candidates will be considered in the said meeting.
A.A./M‑3291/S Leave granted.