SARFRAZ AHMED vs MEMBER (VI), PUNJAB SERVICE TRIBUNAL, LAHORE S — 2024 PLC(CS) 1391 LAHORE-HIGH-COURT-LAHORE |

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SARFRAZ AHMED VS MEMBER (VI), PUNJAB SERVICE TRIBUNAL, LAHORE S.2---Constitution of Pakistan, Arts. 212(2) & 199---Order passed by the Provincial Service Tribunal, challenging of---Constitutional petition---Maintainability---Question as to whether Cl. 2 of Art. 212 of the Constitution extended to the Provincial Service Tribunal or not to see as to whether remedy of appeal before Supreme Court of Pakistan against "any" order passed by it was available to an aggrieved party or not---Petitioner (Junior Clerk in the Office of Chief Executive Officer, District Education Authority), was transferred to a Government School against which he filed departmental appeal before the concerned Director Public Instructions (DPI) /respondent); since said appeal was not being decided, he filed appeal before the Punjab Service Tribunal ('the Tribunal') which was decided directing DPI/respondent to decide his departmental appeal---Petitioner filed constitutional petition against said order passed by the Tribunal---Petitioner while referring to the case reported as Dean/Chief Executive Gomal Medical College, Medical Teaching Institution, D.I. Khan v. Muhammad Armaghan Khan and others (PLD 2023 SC 190) submitted that since appeal before the Supreme Court of Pakistan was not maintainable against an order passed by the Service Tribunal, he had been left with no option but to file the constitutional petition---Validity---In said case referred to by the petitioner, while dealing with question regarding maintainability of appeal against order of a Tribunal, the Supreme Court of Pakistan had, inter alia, held that the remedy of appeal before the apex Court of the country against an order of Administrative Tribunal, established through a provincial enactment, was not available until and unless the Parliament, by law, extended the provisions of Art. 212(2) of the Constitution to include a Court or Tribunal established under provincial law---In the present case, admittedly, the impugned order had been passed by Punjab Service Tribunal, established pursuant to adoption of a bill by the Provincial Assembly of the Punjab which was assented to by the Governor of Punjab, on 20.06.1974---According to the enactment of S. 2 of Provincial Service Tribunals (Extension of the Provisions of Constitution) Act, 1974, promulgated on 02.05.1974, the provisions of Art. 212(2) of the Constitution had been extended to Provincial Service Tribunal, hence, the present case stood distinguished from the referred case inasmuch as the Tribunal, whose order was subject matter of the referred case, was not extended the provisions of Art. 212(2) of the Constitution---Since remedy of appeal before Supreme Court of Pakistan was available to the petitioner against an order passed by Punjab Service Tribunal and remedy of appeal was also available against Transfer Order, The constitutional petition was not maintainable---Constitutional petition was dismissed.

SARFRAZ AHMED vs MEMBER (VI), PUNJAB SERVICE TRIBUNAL, LAHORE S — 2024 PLC(CS) 1391 LAHORE-HIGH-COURT-LAHORE

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