RUKHSANA YASMEEN vs PROVINCE OF PUNJAB Ss — 2025 PLC(CS) 986 LAHORE-HIGH-COURT-LAHORE

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RUKHSANA YASMEEN VS PROVINCE OF PUNJAB Ss.6, 15 & 16---Punjab Criminal Prosecution Service (Conditions of Service) Rules, 2007, Rr.4(3 & 10)---Punjab Service Tribunals Act (IX of 1974), S.22(B)---Constitution of Pakistan, Arts.199 & 212---Constitutional petition by civil servants---Maintainability---Employees of Public Prosecution Department---Jurisdiction of Service Tribunals---Scope---For enforcing terms and conditions of service, the employees of Public Prosecution Department, being civil servants have to approach the Punjab Service Tribunal instead of invoking Constitutional jurisdiction of the High Court---Brief facts where that the petitioners, comprising of multiple public prosecutors including several female officers, challenged various transfer, deputation cancellation, and explanation call orders issued by the Secretary, Public Prosecution Department, on the grounds that such actions were beyond his jurisdiction---Petitioner contended that under the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 (the "Act, 2006"), and the Punjab Criminal Prosecution Service (Conditions of Service) Rules, 2007 (the "Rules, 2007"), the Prosecutor General, being the administrative head, was vested with the authority to supervise and issue such orders, not the Secretary---Held: It was provided in the schedule annexed with Rules, 2007 that appointing authority of Deputy District Public Prosecutor (BS-18) and Assistant District Public Prosecutor (BS-17) was the 'administrative secretary' and such position was crystal clear, however, the High Court refrained to discuss that aspect on merits---The employees of prosecution service department were governed under the Punjab Civil Servants Act, 1974 (the "Act, 1974") and Rules made thereunder---All the Constitutional petitions were not maintainable as petitioners fell within the definition of civil servants---Moreover, S. 22B of the Act, 1974 was relevant wherefrom it could easily be derived that only the Punjab Service Tribunals Act, 1973 would deal with the matters of employees who were governed under the Act 1974---Even otherwise, since the impugned orders pertained to enforcement of terms and conditions of service of the petitioners, who were civil servants, thus, for the said purpose, they after approaching the departmental authority and waiting for the statutory period, were to approach the respective Service Tribunal for redressal of their grievance, which they failed to do, thus, keeping in view the bar contained in Art. 212 of the Constitution, the jurisdiction of the High Court in interfering with the impugned orders was barred--Constitutional petitions being not maintainable, were dismissed, in circumstances.

RUKHSANA YASMEEN vs PROVINCE OF PUNJAB Ss — 2025 PLC(CS) 986 LAHORE-HIGH-COURT-LAHORE

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