MUNIR AHMED CHISHTI vs FEDERATION OF PAKISTAN through Secretary Establishment Division, Government of Pakistan, Islamabad arts — 2025 PLC(CS) 966 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PLC(CS) 966 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PLC
Parties: MUNIR AHMED CHISHTI vs FEDERATION OF PAKISTAN through Secretary Establishment Division, Government of Pakistan, Islamabad arts
Subject matter: Service
Provisions referred to: S. 4

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

MUNIR AHMED CHISHTI VS FEDERATION OF PAKISTAN through Secretary Establishment Division, Government of Pakistan, Islamabad arts. 199 & 212(1)(a) & 212(2)---Service Tribunals act (LXX of 1973), Ss.2(a), 4, 4a & 4(1)(b)---Matters relating to terms and conditions of service of a Civil Servant---Jurisdiction of Service Tribunals---Constitutional jurisdiction of the High Court, exclusion of---Scope---article 212(1)(a) of the Constitution stipulates that the appropriate legislature may by act establish tribunals with exclusive jurisdiction over matters relating to the terms and conditions of persons who are or have been in the service of Pakistan, including disciplinary issues---article 212(2) states that where such a tribunal is established, no other court shall entertain proceedings in respect of matters within the tribunal's jurisdiction---High Court, as a constitutional court, should always be mindful of the jurisdictional exclusion contained under art. 212 of the Constitution---any transgression of this constitutional limitation will render its order void and illegal---Therefore, unless the jurisdiction of the Service Tribunal is ousted under S. 4(1)(b) of the Service Tribunals act, 1973 the assumption of jurisdiction by the High Court in respect of matters of terms and conditions of a civil servant is unconstitutional and impermissible.

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