' CH. NAEEM MASOOD, J.--- This is an old case pertaining to the year, 2003 pertaining to the termination of the petitioner. Learned counsel for the petitioner has not put up appearance for addressing his arguments. According to the National Judicial Policy, 2009, the instant petition is being disposed of on merits.
2. The brief facts of the case are that the petitioner was appointed as teacher on 16-4-2001 and her services were terminated on 24-9-2003. In the comments, the respondents submitted that the petitioner was terminated after completion of the probationary period because she was not found upto the mark and was not confirmed/regularized.
3. It has been the contention of the petitioner that although she is a civil servant being an employee of the education department, but the present writ petition is maintainable as the relief sought in this writ petition cannot be agitated before the Punjab Service Tribunal.
4. The learned Assistant Advocate-General, on the other hand, has submitted that the petitioner is a civil servant and the Punjab Service Tribunal is functional, therefore, the writ petition is not maintainable before this Court, as the petitioner has agitated her grievance regarding the terms and conditions of the service.
5. I have heard the arguments and have perused the record including the reply submitted by the respondents.
6. The following questions necessary for disposal of the instant constitutional petition have been resolved:--
(i) As to whether the petitioner is a civil servant or not?
(ii) In case the petitioner is a civil servant, then whether the writ petition is maintainable before this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 and is not barred under Article 212 of the Constitution.
7. As the petitioner was not stigmized, therefore, the petitioner has no case to agitate before the High Court. Even otherwise, the case of the petitioner is hit by Article 212 of the Constitution of Islamic Republic of Pakistan, which incorporate that the Service Tribunal shall exercise exclusive jurisdiction in respect of the matters relating to terms and conditions of persons in the service of the respective Provinces like the petitioner. The Punjab Service Tribunal having been established and being functional, therefore, the petitioner is bound to agitate her grievance with regard to termination of her services before the Punjab Service Tribunal under section 4 of the Punjab Service Tribunals Act, 1974. It has consistently been held by the Honourable Apex Court right from Iqqan Ahmed Khurram v. Government of Pakistan and others PLD 1980 SC 153 that the matters relating to the terms and conditions of persons serving the Federal Government or the Provincial Governments, must be agitated before the respective Service Tribunals .Constituted to resolve such matters and the writ petition under Article 199 of the Constitution is not maintainable in that respect.
8. In sequel thereto this writ petition is dismissed as being not maintainable. The petitioner if so advised, may approach the Punjab Service Tribunal for redrew of her grievances.