Rao AMIR ALI KHAN vs FEDERATION OF PAKISTAN S — 2023 PLC(CS)N 30 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS)N 30 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: Rao AMIR ALI KHAN vs FEDERATION OF PAKISTAN S
Subject matter: Service
Provisions referred to: S. 2; Civil Servants Act

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

Rao AMIR ALI KHAN VS FEDERATION OF PAKISTAN S.2(b)---Constitution of Pakistan, Arts.212 & 199---Constitutional jurisdictin of High Court---Bar of Art.212 of the Constitution---Terms and conditions of service---Retired civil servant---Questions of repatriation and absorption---Scope---Petitioner sought reinstatement in service, and withdrawal of notification of retirement and contended that since petitioner was covered by exception contemplated in S.2(b)(i) of Civil Servants Act, 1973; bar of Art.212 of the Constitution was not applicable to present Constitutional petition---Validity---Record revealed that petitioner was a permanent employee of National Highways and Motorway Police at time of his retirement, and until such retirement, petitioner did not seek what had been sought in the Constitutional petition---Question of repatriation and absorption in civil serbvice were questions regarding terms and conditions of service and petitioner was clearly covered by definition of "civil servant" and ought to have appraoched Service Tribunal for redressal of grievance---Constitutional petition, being not maintainable, was dismissed, in circumstances.

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