| Case ID |
095bc6e3-4663-4983-9706-f884a1ad090b |
| Body |
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| Case Number |
C.P. No. 152 of 2014 |
| Decision Date |
Mar 13, 2017 |
| Hearing Date |
Dec 09, 2016 |
| Decision |
The court dismissed the constitutional petition filed by the petitioners, who were Assistant Lecturers, challenging their downgraded positions to SST. The court determined that the petitioners had alternate remedies available to them and that the constitutional jurisdiction was barred under Article 212 of the Constitution of Pakistan. The court emphasized that policy decisions of the government, particularly regarding employment and service conditions, cannot be challenged in constitutional jurisdiction on the basis of hardship. The petitioners were found to have been provided employment under certain terms and conditions and were not entitled to relief through the High Court. The court also referenced previous rulings that supported the government's right to make policy decisions regarding employment and service conditions without judicial interference. |
| Summary |
This case revolves around the constitutional petition filed by a group of petitioners, who were serving as Assistant Lecturers in Balochistan. They sought to challenge a notification that downgraded their positions to SST and sought regularization of their services according to their original terms of employment. The court found that the petitioners had an alternate remedy available through the Balochistan Service Tribunal and that the constitutional jurisdiction could not be invoked due to the bar under Article 212 of the Constitution. The case highlights the importance of understanding employment terms under government policies, particularly in the education sector, where the government is mandated to create job opportunities for the local population. The court reiterated that policy decisions cannot be contested in constitutional courts based on claims of hardship. This case is significant for understanding the limitations of judicial review in matters involving government employment policies and the rights of civil servants in Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NOOR MESKANZAI, CHIEF JUSTICE,
ABDULLAH BALOCH, JUSTICE
|
| Lawyers |
Kamran Murtaza,
Zahoor Ahmed Baloch, Asst. A.G.
|
| Petitioners |
RAB NAWAZ AND 4 OTHERS
|
| Respondents |
GOVERNMENT OF BALOCHISTAN THROUGH CHIEF SECRETARY AND 3 OTHERS
|
| Citations |
2017 SLD 1493,
2017 PLC 1273
|
| Other Citations |
Syed Hassan Askar v. Province of Punjab PLC 2016 (C.S.) 459,
Government of Pakistan v. Jamshed Hussain Cheema 2016 SCMR 442
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199,
212
|