' FAQIR MUHAMMAD KHOKHAR, J.--- The respondents Nos.1 to 13 were originally the employees of the PETROMAN, a Human Resource Development Division of Petroleum Refining and Petro Chemical Corporation (PERAC) which was under the administrative control of the Federal Minister of Industries and Production. Subsequently, PERAC was placed under Ministry of Information Technology in 2000 with all its assets, liabilities and staff. The Joint Secretary in the Information Technology and Telecommunications Division was delegated the power which were earlier conferred on the Chairman PERAC. Later a summary was also put up before the Prime Minister for the transfer of the PETROMAN from the Minister of Information Technology to COMSATS (the petitioner), a body established by the Federal Government, administered by the Ministry of Science and Technology. The Secretary of the Ministry of Science and Technology also put up a note to the Prime Minister that the employees would be absorbed in the petitioner's institution on the terms and conditions of the employees which were not to be less favorable than those available to them in PETROMAN. The respondents Nos.1 to 13 were not being paid their monthly salaries. Therefore, they filed Constitution Petition No,D-1064 of 2005 before the High Court of Sindh, Karachi which was accepted by learned Division Bench, by the impugned order, dated 2-11-2005. The petitioner and respondents Nos.14 to 18 were directed to pay the salaries to the respondents Nos.1 to 13 within one month.
2. The learned counsel vehemently argued that the grievance of the respondents Nos.1 to 13 was germane to their terms and conditions of service which would fall within the exclusive jurisdiction of the Federal Service Tribunal in terms of Article 212 of the Constitution of Islamic Republic of Pakistan.
It was further submitted that the transfer of PETROMAN or PERAC to the petitioner had not so far been finally made and that the Board of Governors of the COMSATS would take final decision as to the absorption of respondents Nos.1 to 13 and other employees of PETROMAN Institute.
3. We have heard the learned counsel at some length and have also perused the available record.
We assume that the order, dated 2-11-2005 of the learned Division Bench of the High Court must have been complied with as no order of this Court suspending the operation of the same was passed. The respondents Nos.1 to 13 could not be kept hanging in the balance without any fault on their part if the procedural steps at the inter-departmental level for their permanent absorption in the COMSATS Institute of Ministry of Information Technology, Islamabad had been finalized. The High Court seems to have done substantial justice in directing the payment of salaries to the respondents Nos.1 to 13 in order to save them from starvation. The question of ouster of jurisdiction of High Court on the touchstone of Article 212 of the Constitution may be examined in some other appropriate case. The impugned order is just and fair to which no interference is called for. Even otherwise, this is not a fit case for grant of leave to appeal.
' For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly.