HAZRAT SAID vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2021 PLC(CS) 551 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLC(CS) 551 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLC
Parties: HAZRAT SAID vs GOVERNMENT OF KHYBER PAKHTUNKHWA S
Subject matter: Service
Provisions referred to: S. 4---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAZRAT SAID VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.4---Constitution of Pakistan, Arts. 212 & 25---Constitutional petition---Maintainability---Jurisdiction of Service Tribunal, invocation of---Requirements---Civil servants having retired prior to implementation of revised pay scales and allowances---Claim for pension according to revised pay scales and allowance implemented after retirement of civil servants---Validity---Jurisdiction of High Court had been barred with regard to enforcement of terms and conditions of service of civil servants---Administrative Tribunals had been established for redressal of grievance of civil servants with regard to their terms and conditions of service---Civil servant for invoking jurisdiction of Service Tribunal must be aggrieved of an order original or final affecting terms and conditions of service---Any rule which did offend the terms and conditions of service of a civil servant could be challenged before Service Tribunal---Civil servants were neither aggrieved of any order nor rules relating to their terms and conditions but they had sought a writ of mandamus to treat them at par with the other similarly placed persons---Such relief could not be granted by the Service Tribunal having limited jurisdiction---Civil servants who were in service after implementation of revised pay scales would constitute a different category as compared to those who had retired before implementation of revised pay scales---Such classification was permissible and it would hit at the core of Art. 25 of the Constitution---Employees had not been discriminated by the authorities in the case---Constitutional petition was dismissed, accordingly.

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