PROVINCE OF PUNJAB through Secretary (Primary and Secondary Healthcare Department), Lahore vs Hafiz MUHAMMAD KALEEM-UD-DIN S — 2024 SCMR 689 SUPREME-COURT

Case information

Citation: 2024 SCMR 689 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: PROVINCE OF PUNJAB through Secretary (Primary and Secondary Healthcare Department), Lahore vs Hafiz MUHAMMAD KALEEM-UD-DIN S
Subject matter: Service
Provisions referred to: S. 8; Punjab 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

PROVINCE OF PUNJAB through Secretary (Primary and Secondary Healthcare Department), Lahore VS Hafiz MUHAMMAD KALEEM-UD-DIN S. 8(6)(a)---Constitution of Pakistan, Art. 212(1)---Retired civil servant---Pro-forma promotion on a selection post sought---Ouster of jurisdiction of the High Courts and Civil Courts---Post to which the respondent wanted (pro-forma) promotion was a selection post and such post according to Section 8 (6) (a) of the Punjab Civil Servants Act, 1974 could only be filled on the basis of merit and not on seniority---Furthermore Article 212 of the Constitution ousts the jurisdiction of the High Courts and Civil Courts in the matters relating to the terms and conditions of a civil servant as the bar in the Constitution is absolute---Petition was converted into appeal and allowed.

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