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EJAZ AHMAD ASSISTANT OFFICE OF DISTRICT FOOD CONTROLLER, MANSEHRA vs GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary Food, Khyber Pakhtunkhwa, Peshawar S — 2024 PLC(CS) 53 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PLC(CS) 53 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PLC
Parties
EJAZ AHMAD ASSISTANT OFFICE OF DISTRICT FOOD CONTROLLER, MANSEHRA vs GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary Food, Khyber Pakhtunkhwa, Peshawar S
Subject matter
Service
Provisions referred to
S. 2---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

EJAZ AHMAD ASSISTANT OFFICE OF DISTRICT FOOD CONTROLLER, MANSEHRA VS GOVERNMENT OF KHYBER PAKHTUNKHWA, through Secretary Food, Khyber Pakhtunkhwa, Peshawar S.2---Constitution of Pakistan, Art.212(2)---Constitutional petition---Service appeal---Jurisdiction of Supreme Court---Principle---Petitioner / civil servant invoked jurisdiction of Provincial Service Tribunal with regard to seniority list---Petitioner / civil servant assailed judgment passed by Provincial Service Tribunal before High Court in constitutional jurisdiction---Plea raised by petitioner / civil servant was that under proviso to Art. 212(2) of the Constitution, direct appeal to Supreme Court could only be made when the Parliament had extended provisions of Art. 212(2) of the Constitution to such Court or Tribunal established under an Act of Provincial Assembly---Validity---Any Administrative Court or Tribunal established under an Act of a Provincial Assembly had come under the purview of Art. 212(2) of the Constitution when Majlis-e-Shoora (Parliament) had given its approval and enacted necessary legislation for extension of provisions of Art.212(2) of the Constitution to such Court or Tribunal and that too on the request / resolution of Provincial Assembly---If both the stages had surpassed, the proviso to Art. 212(2) of the Constitution would become applicable and its effect was the same as that of Federal Legislation, so all judicial remedies were closed and the only avenue left open for redressal was an appeal to Supreme Court in terms of Art.212(3) of the Constitution---High Court declined to interfere in the judgment passed by Service Tribunal---Constitutional petition was dismissed, in circumstances.

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