| Case ID |
0292053b-e79e-4ba8-8bcf-a0a1073ae960 |
| Body |
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| Case Number |
Writ Petition No.485-A of 2023 |
| Decision Date |
May 09, 2023 |
| Hearing Date |
|
| Decision |
The High Court dismissed the constitutional petition filed by Ejaz Ahmad, challenging the judgment of the Khyber Pakhtunkhwa Service Tribunal. The court held that the provisions of Article 212(2) of the Constitution, which govern appeals from administrative tribunals, were applicable in this case due to the enactment of the Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974. The court found that the necessary legislative approval had been granted by the Majlis-e-Shoora (Parliament), thereby limiting the petitioner's recourse to the Supreme Court as the only viable option for appeal. The court also noted that the petitioner's arguments did not establish a case for interference with the Service Tribunal's ruling, leading to the conclusion that the petition was without merit and was thus dismissed. |
| Summary |
This case revolves around a constitutional petition filed by Ejaz Ahmad against the Government of Khyber Pakhtunkhwa regarding a seniority list within the provincial service. The Peshawar High Court examined the jurisdictional limits set by Article 212(2) of the Constitution of Pakistan and the implications of the Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974. The court determined that the service tribunal's decision was final and that the petitioner had not established grounds for judicial interference. The High Court ultimately upheld the tribunal's ruling, emphasizing the procedural requirements for appeals to the Supreme Court. This case highlights the importance of legislative frameworks in administrative law and the limitations of judicial review in matters governed by specific statutes. |
| Court |
Peshawar High Court, Abbottabad Bench
|
| Entities Involved |
Ejaz Ahmad,
Khyber Pakhtunkhwa Service Tribunal,
Majlis-e-Shoora (Parliament)
|
| Judges |
Kamran Hayat Miankhel,
Muhammad Ijaz Khan
|
| Lawyers |
Muhammad Arshad Khan Tanoli
|
| Petitioners |
Ejaz Ahmad
|
| Respondents |
Government of Khyber Pakhtunkhwa,
31 others,
Secretary Food, Khyber Pakhtunkhwa
|
| Citations |
2024 SLD 2681,
2024 PLC 53
|
| Other Citations |
Civil Appeal No.1474 of 2021
|
| Laws Involved |
Constitution of Pakistan, 1973,
Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974
|
| Sections |
212(2),
2
|