Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: ABDUL LATIF VS Respondent: MEDICAL SUPERINTENDENT
1993 P L C (C
1993 P L C (C.S) 686
[Lahore High Court]
Before Ausuf Ali Khan, J
Mirza ABDUL LATIF
versus
MEDICAL SUPERINTENDENT and 3 others
W.P. No. 3805 of 1992, decided on 29th November, 1992.
Punjab Service Tribunals Act (IX of 1974)‑‑
‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Arts. 199 & 212‑‑‑Terms and conditions of service‑‑‑Ouster of jurisdiction of High Court‑‑‑Exclusive jurisdiction vesting in Service Tribunal‑‑‑Petitioner seeking through Constitutional petition under Art 199, Constitution of Pakistan (1973), direction to Authority to promote him and to prepare promotion list for circulation in the office concerned‑‑‑Held, since transfers/promotions touch the terms and conditions of service to be exclusively determined by Service Tribunal, High Court's jurisdiction was barred under provision of Art. 212 of the Constitution in such matters.
Tariq Muhammad Iqbal for Petitioner.
Date of hearing: 29th November, 1992.
ORDER
Contends that respondents Nos.2 to 4 were promoted in preference to the petitioner, all employed in District Head Quarters Hospital, Sahiwal. Seeks direction to Medical Superintendent, D.H.Q. Hospital, Sahiwal (respondent No.1) to promote the petitioner and further to prepare promotion list for circulation in the office.
2. The transfers/promotions touch the terms and conditions of service to be determined by the Service Tribunal under section 4 of the Punjab Service Tribunals Act, 1974. Moreover the jurisdiction of this Court is barred under Article 212 of the Constitution. The petitioner has chosen the wrong forum. Therefore, this petition is dismissed in limine.
A.A./A‑353/L Petition dismissed.