MUHAMMAD SAJID MEHMOOD SETHI , J. Through this Intra-Court Appeal, order dated 29.01,2019, passed by learned Single Bench has been assailed, whereby W.P. No. 3410/2019, filed by appellants, was dismissed on the ground that matter pertains to terms and conditions of service and bar of Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973 is attracted.
2. Learned counsel for appellants contends that appellants were not considered for promotion to the posts of higher grade, therefore, writ petition was competent. but this aspect of the matter has not been correctly appreciated while passing the impugned order.
3. Arguments heard. Record perused.
4. Perusal of writ petition shows that appellants have questioned the compilation of seniority list by up-setting the earlier seniority list. The matter pertains to fixation of seniority , which falls within the terms and conditions of service of a civil servant, as provided under the Civil Servants Act, 1973. Hence, this Court has no jurisdiction to entertain and adjudicate upon such dispute due to the bar contained under Article 212 of the Constitution, and law laid down by the Hon'ble Supreme Court in Ali Azhar Khan Baloch and others v. Province of Sindh and others (2015 SCMR 456 ), the operative part of which is reproduced as under:--- "149. Article 212 of the Constitution ousts the jurisdiction of High Courts and Civil Courts in respect of the matters pertaining to terms and conditions of civil servants. In other words, the provisions of Article 212 do not confer a concurrent jurisdiction to Civil Courts, High Courts and Tribunals. The ouster contemplated under the said Article is a Constitutional command, and, therefore, of necessity restricts the jurisdiction of Civil Courts and High Courts on the subject, which squarely falls within the exclusive domain of Tribunals.
150. The 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 Section 4(b) of the Sindh Service Tribunals Act, 1973. Surprisingly , it has been ignored that it is, by now, 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.
151. We, for the aforesaid reasons, 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 violative of Articles 175, 212 and 240 and the law."
5. In view of above, this appeal, being devoid of merits, is hereby dismissed in limine.