| Case ID |
0f781616-c110-4256-8bea-cbe3cef4a1f9 |
| Body |
View case body. Login to View |
| Case Number |
D-2205, D-2206, D-2207 of 1996 and D-1338 of 1997 |
| Decision Date |
Oct 24, 1997 |
| Hearing Date |
|
| Decision |
The court dismissed all four constitutional petitions filed by employees of the National Bank of Pakistan challenging the validity of the President's Office Circular No. 7/95, dated 28-3-1995, which had put their promotions in abeyance. The petitioners, having acquired the status of civil servants under the Service Tribunals Act, were barred from invoking the constitutional jurisdiction of the High Court. The court noted that any grievance related to their service conditions must be raised before the Service Tribunal. The petitions were deemed infructuous as the issues raised did not pertain to the terms and conditions of their service, and the petitioners had no locus standi to seek relief in this forum. The court emphasized that the amendment in the Service Tribunals Act allowed for appeals regarding any order passed by departmental authorities, which further solidified the jurisdictional boundaries limiting the petitioners' claims. |
| Summary |
In the case of constitutional petitions D-2205, D-2206, D-2207 of 1996 and D-1338 of 1997, the Sindh High Court dealt with the matter of civil servants challenging a circular issued by the President's Office that placed their promotions on hold. The case highlights the importance of the Service Tribunals Act, which restricts civil servants from pursuing constitutional petitions regarding their employment conditions. The court ruled that the petitioners, who were employees of the National Bank of Pakistan, had to seek redress through the Service Tribunal rather than the High Court, thereby reinforcing the legal framework governing civil service disputes. The decision underscores the significance of understanding jurisdictional limits in administrative law and the procedural pathways available for civil servants in Pakistan. This ruling is particularly relevant for employees in public sector organizations facing similar disputes regarding promotion and employment conditions, as it delineates the proper channels for addressing grievances under Pakistani law. |
| Court |
Sindh High Court
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN
|
| Judges |
MRS. MAJIDA RAZVI,
S. SAEED ASHHAD
|
| Lawyers |
Manzoor Ali Khan,
Gulzar Ahmed
|
| Petitioners |
Mrs. RASHFDA ANWAR
|
| Respondents |
NATIONAL BANK OF PAKISTAN through President, Karachi and another
|
| Citations |
1999 SLD 825,
1999 PLC 230
|
| Other Citations |
Iqan Ahmad Khurram v. Government of Pakistan and others PLD 1980 SC 153,
S.H.M. Rizvi and 5 others v. Maqsood Ahmad and 6 others PLD 1981 SC 512,
Syed Saghir Ahmed Naqvi v. Province of Sindh and another 1996 SCMR 1165
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
2-A,
199,
212
|