KARACHI: The Federal Board of Revenue (FBR) has advised all advocates and counsels of the Board to expedite the constitutional petitions or writ petitions relating to the ‘terms and conditions’ of service including stay orders for early disposal as Supreme Court (SC) has ruled suits/petitions by civil servants as illegal.
The Supreme Court of Pakistan has given a landmark decision and concluded that the exercise of jurisdiction by High Courts by way of suit and constitution petition filed by a civil servant with regards to his terms and conditions of service is violation of the Articles of Constitution of Pakistan.
These directives of Supreme Court have also been communicated to High Courts for their information and perusal.
Supreme Court in its landmark judgment noted that High Court of Sindh has completely overlooked the intent and spirit of the Constitutional provisions relating to the terms and conditions of service, while entertaining Civil Suits and constitution petitions filed by the civil servants, which are explicitly barred by Article 212.
The expression Terms and Conditions’ includes transfer, posting, absorption, seniority and eligibility to promotion but excludes fitness or otherwise of a person, to be appointed to or hold a particular post or to be promoted to a higher post or grade as provided under Sindh Service Tribunals Act, 1973.
Surprisingly, it has been ignored that it is a settled principle of law that the civil and writ jurisdictions would not lie in respect of the suits or petitions filed with regard to the terms and conditions of Civil Servants, and yet some of the learned Judges of High Court of Sindh have erroneously exercised both civil and writ jurisdictions with regard to the terms and conditions of civil servants.
The Supreme Court conclude that the exercise of jurisdiction by way of suit and Constitution petition filed by a civil Servant with regard to his terms and conditions of service is in violation of Articles of constitution and the law.
The Supreme Court has also advised High Courts through Registrars, Chief Secretaries of all the Provinces as well as the Secretary, Establishment Division, Government of Pakistan, Islamabad, to streamline the civil service structure in light of the principles laid down in this judgment.