KHALILULLAH KAKAR vs PROVINCIAL POLICE OFFICER, BALOCHISTAN arts — 2021 SCMR 1168 SUPREME-COURT

Case information

Citation: 2021 SCMR 1168 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: KHALILULLAH KAKAR vs PROVINCIAL POLICE OFFICER, BALOCHISTAN arts
Subject matter: Civil
Provisions referred to: S. 3

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

KHALILULLAH KAKAR VS PROVINCIAL POLICE OFFICER, BALOCHISTAN arts. 199 & 212(3)---Balochistan Service Tribunals act (V of 1974), S. 3(2)---Issue of joint seniority list of Deputy Superintendents of Police ('DSPs')---Matter relating to the terms and conditions of service---Constitutional jurisdiction of High Court---Scope---article 212(2) of the Constitution specifically placed an embargo on all other courts except Service Tribunal to grant an injunction, make any order or 'entertain' any proceedings in respect of any matter relating to the terms and conditions of service even if they were mala fide, ultra vires or coram non judice---Word 'entertain' used in art. 212(2) of the Constitution was of significant importance; it meant that any petition or proceeding relating to the terms and conditions of service should not even be entertained by the High Court in its constitutional jurisdiction under art. 199 of the Constitution---Respondents being employees of Provincial Police Force were civil servants and the matter pertaining to issuance of joint seniority lists specifically related to their terms and conditions of service, which particularly rested within the jurisdiction of Provincial Service Tribunal---Filing of the Constitutional petitions before the High Court, at a time when the Provincial Service Tribunal was functional, was against the Constitutional mandate---Constitutional petitions filed by the respondents were not maintainable before the High Court---appeal was allowed.

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