Citation Name: 2024 PLC(CS) 1125 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD ARIF vs GOVERNMENT O

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Citation Name: 2024 PLC(CS) 1125 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD ARIF VS GOVERNMENT OF BALOCHISTAN Ss. 2(1)(b), 4 & 17---Constitution of Pakistan, Arts. 212 & 199---Civil servant---Release of pay---Constitutional petition---Maintainability---Terms and conditions of service---Balochistan Service Tribunal, powers of---Petitioners (having been recruited against different positions lying vacant in the Health Department/respondents) sought a writ of mandamus directing the respondents for release and payment of their due salaries for last three years or so---Validity---Petitioners, admittedly, were initially recruited against different positions lying vacant in the respondents /Health Department; they submitted their respective joining reports and started performing official duties---Petitioners were, thus, members of civil service of the Province (of Balochistan) and held civil posts in connection with the affairs of the Province and therefore, for all intents and purposes, were civil servants within the meaning of S. 2 subsection (1), clause (b) of the Balochistan Civil Servants Act, 1974 ('the Act 1974')---Petitioners claimed payment of monthly pays---Like any other term and condition of service of a civil servant, pay is likewise a term and condition of service of a person in the service of the Province of Balochistan---According to Preamble of the Act, 1974, said piece of legislation was enacted to regulate by law the appointment of persons to and the terms and conditions of service of persons in the service of Balochistan and to provide for matters connected therewith or ancillary thereto---Terms and conditions of service of a civil servant in the service of the Province of Balochistan are contained in Chapter II of the Act, 1974 and the Rules framed thereunder---As S.17 of the Act, 1974, relates to the term 'pay', therefore, a civil servant in the service of the Province of Balochistan, aggrieved by any final order, whether original or appellate made by Departmental Authority in respect of any of the terms and conditions of his service, may prefer an appeal to the Balochistan Service Tribunal established under Art.212(1) of the Constitution read with S. 4 of the Balochistan Service Tribunals Act, 1974---Article 212(2) of the Constitution imposes a complete clog on the jurisdiction of the High Court under Art. 199 of the Constitution where a matter relates to the terms and conditions of service of a civil servant in the service of the Province of Balochistan---Article 199 of the Constitution starts with an expression i.e. 'subject to the Constitution' whereas, Art. 212(1) thereof with an obstante clause i.e. 'notwithstanding anything hereinbefore contained'---Therefore, Art.212(1) of the Constitution supersedes Art. 199(1) of Constitution in respect of a matter relating to the terms and conditions of a civil servant---Since 'pay' is a term and condition of the service of the petitioners therefore, they should have preferred service appeal before the Balochistan Service Tribunal after exhausting the remedy of a department appeal---High Court under Art. 199 of the Constitution could not exercise jurisdiction in respect of the grievance of petitioners in relation to their monthly pay---Petitioners were civil servants and their alleged grievance related to the terms and conditions of their service, therefore, the jurisdiction to entertain the present petition was barred by Art.175(2) read with Art. 212(2) of the Constitution---Balochistan Service Tribunal had exclusive jurisdiction to entertain the alleged grievance of the petitioners---Constitutional petition was dismissed in limine, in circumstances.

Citation Name: 2024 PLC(CS) 1125 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD ARIF vs GOVERNMENT OF BALOCHISTAN Ss — 2024 PLC(CS) 1125 QUETTA-HIGH-COURT-BALOCHISTAN

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