MUHAMMAD NASEER JANJUA vs FEDERATION OF PAKISTAN S — 2025 PLC(CS) 394 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PLC(CS) 394 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PLC
Parties: MUHAMMAD NASEER JANJUA vs FEDERATION OF PAKISTAN S
Subject matter: Service
Provisions referred to: S. 4; S. 3---C; Law Reforms Ordinance (XII of 1972); Service Tribunals 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

MUHAMMAD NASEER JANJUA VS FEDERATION OF PAKISTAN S. 4(1)(b)---Law Reforms Ordinance (XII of 1972), S. 3---Constitution of Pakistan, Art. 212---High Court Appeal---Appellants challenged the notifications of their transfer/posting orders in the garb of S. 4(1)(b) of the Service Tribunals Act, 1973, through a suit in original jurisdiction of High Court, which was dismissed in view of bar contained in Art. 212 of the Constitution---Appellants assailed the said order in High Court Appeal contending therein that notifications were not mere transfer/posting orders to Admin Block, as it involved determination of fitness or unfitness for a particular post---Validity---Impugned Notifications simply related to the transfer of the appellants from their respective posts to the Admin Pool and were not tantamount to a subjective assessment of fitness, thus, did not fall within the contemplation of the proviso to S.4(1)(b) of the Service Tribunals Act, 1973---Suit was barred under Art.212 of the Constitution, as the jurisdiction of a High Court and of civil courts had been restricted in respect of the matters of civil servants relating to their terms and conditions of service---High Court Appeal was dismissed, accordingly.

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