| Case ID |
03409c60-0dcc-43ab-b924-3483f774d739 |
| Body |
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| Case Number |
W.P. No. 2045 of 2003 |
| Decision Date |
Jun 27, 2003 |
| Hearing Date |
Jun 13, 2003 |
| Decision |
The Lahore High Court ruled that the jurisdiction of the High Court was barred under Article 212(2) of the Constitution, as the matter fell within the exclusive jurisdiction of the Punjab Service Tribunal. The Court emphasized that when a particular order of departmental authority lies within the ambit of service tribunal, the High Court cannot examine its validity. The petitioners' claims regarding their promotion rights were dismissed, as the Court found that the issue pertained to eligibility and procedural violations rather than the merits of fitness for promotion. Consequently, the writ petition was deemed not competent, and the orders of the Punjab Service Tribunal were upheld. |
| Summary |
In the case of ZAHEER AHMAD vs. SENIOR MEMBER BOARD OF REVENUE, the Lahore High Court addressed significant issues regarding the constitutional jurisdiction of high courts in service matters. The court examined the applicability of Articles 199 and 212 of the Constitution of Pakistan, determining that the High Court's jurisdiction was limited when a service tribunal had exclusive authority over the matter. The petitioners, who were civil servants seeking promotion, argued that their rights were violated due to procedural lapses in the promotion process. However, the Court concluded that the matter was appropriately within the jurisdiction of the Punjab Service Tribunal, which is designed to address eligibility and promotion rights of civil servants. This case illustrates the importance of understanding the boundaries of jurisdiction between high courts and specialized tribunals, particularly in service-related disputes. The decision reinforces the principle that service rights and eligibility for promotion must be adjudicated by the relevant service tribunal, thereby ensuring that the judicial review process aligns with the constitutional provisions designed to streamline such disputes. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Not available
|
| Judges |
Farrukh Lateef
|
| Lawyers |
Mr. Muhammad Farooq Wattoo, Advocate for Petitioners.,
Syed Hashmat Hussain Naqvi, Advocate on behalf of A.A.G. for Respondents Nos. 1 and 2.,
Mr. Altaf Ibrahim Qureshi, Advocate for Respondents Nos. 3 to 6.
|
| Petitioners |
ZAHEER AHMAD etc.
|
| Respondents |
SENIOR MEMBER BOARD OF REVENUE etc.
|
| Citations |
2004 SLD 3318,
2004 PLJ 224
|
| Other Citations |
PLD 1969 SC 407,
2000 PLC (C.S.) 1070,
1991 SCMR 1540,
PLJ 1999 SC 64,
PLD 1994 SC 539,
1994 PLC (C.S.) 1331,
2001 SCMR 1446,
2001 SCMR 777,
PLD 2001 Karachi 344,
1999 SCMR 1072
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199,
212
|