KARACHI: Justice Agha Fasisal of High Court of Sindh dismissed a suit filed by 12 officers of IRS against their transfer on ground that their transfer was akin to make them OSD.
As suit came up for hearing, the bench looked into objections raised by the office of the court according to which SHC is barred from hearing service matter and that under Article 212 of the Constitution of Pakistan service tribunal are conferred with exclusive jurisdiction to decide matters relating to Civil Servants.
Khalid Jawed Khan representing the Plaintiffs argued that it was not related to terms of service and therefore bar under Article 212 is not attracted
Zia ul Haq Makhdoom appearing for the Defendant officers of FBR raised the issue of jurisdiction. He submitted that impugned notifications were issued at Islamabad and also issuing officers are also at Islamabad therefore SHC has no territorial jurisdiction.
The single judge referred to a number of case laws and held that superior courts have deprecated the assumption of jurisdiction by other fora.
The bench after a detailed hearing dismissed the suit.