KAMRAN HAYAT MIANKHEL, J.- Through the petition in hand petitioner has challenged judgment of Khyber Pakhtunkhwa Service Tribunal Peshawar passed in Service Appeal No. 739-A/2019, which was dismissed vide judgment dated 22.09.2022, and has prayed for the following relief:- "It is, therefore, humbly prayed that, on acceptance of the instant writ petition. impugned judgment / decree of learned KP Service Tribunal dated 22.09.2022 may be set aside and respondent No.1 to 4 may graciously be ordered to revise seniority list dated 14.04.2019 after placing the name of the petitioner at serial No.8 of the seniority list of assistants after taking into account the turn of the petitioner for promotion as senior clerk in 2004 with all back benefits and respondents may also be directed to revise seniority list of assistants accordingly. Any other relief which this Hon'ble Court deem appropriate in the circumstances of the case may also be granted to the petitioner."
2. Learned counsel for the petitioner argued that under proviso to Article 212 (2) of Constitution of Islamic Republic of Pakistan, 1973 (hereinafter to be referred as the Constitution) provides that direct appeal to the Supreme Court can only be made when Majlis-e-Shoora (Parliament) extends the provisions of Article 212(2) of the: Constitution to such a Court or Tribunal established under: an Act of a Provincial Assembly. Placed his reliance on Apex Court judgment in Civil Appeal No. 1474 of 2021 decided on 15.11.2022. He further argued that as the Khyber Pakhtunkhwa Service Tribunal is formed under the Khyber Pakhtunkhwa Service Tribunal Act, 1974 and as no request has been made by the Provincial Assembly in the form of resolution to Majlis-e-Shoora (Parliament) under proviso to Article 212 (2) of the Constitution, so this court has the power to hear the instant writ petition.
3. We have heard preliminary arguments of learned counsel for the petitioner and gone through the record.
4. It will be convenient to begin by reproducing Article 212 of the Constitution, which provides as follows: - '212. Administrative Courts and Tribunals. (1) Notwithstanding anything hereinbefore contained the appropriate Legislature may by Act provide for the establishment of one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect or
(a) matters relating to the terms and conditions of persons who are or have been in the service of Pakistan, including disciplinary matters;
(b) matters relating to claims arising from tortious acts of Government, or any person in the service of Pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant; or
(c) matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.
(2) Notwithstanding anything hereinbefore contained where any Administrative Court or Tribunal is established under clause (1), no other court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative Court or Tribunal; other than an appeal pending before the Supreme Court, shallabate on such establishment: Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of are solution, Majlis-e-Shoora (Parliament) by law extends the provisions to such a Court or Tribunal.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal."
5. Proviso to Article 212 (2) of the Constitution clearly adumbrate that any Administrative Court or Tribunal established under an Act of a Provincial Assembly will come in the purview of Article 212 (2) of the Constitution' when Majlis-e-Shoora (Parliament) gave its approval and enact the necessary legislation for extension of provisions', of Article 212 (2) to such a Court or Tribunal and that too on the request/resolution of Provincial Assembly. If both these stages are surpassed, the proviso becomes applicable and its effect is the same as that of federal legislation and so all judicial remedies are closed and the only avenue left open for redressal is an appeal to this' Court in terms of Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973. Now this court has to I, see that whether necessary approval has been granted by Majlis-e-Shoora (Parliament) or not?
6. Majlis-e-Shoora (Parliament) in this regard passed an Act namely the Provincial Service Tribunals (Extension, of Provisions of the Constitution) Act, 1974 which reads as below: - "WHEREAS the Provincial Assemblies for Baluchistan the North-West Frontier Province, the Punjab and Sind have made in the form of resolutions the request that the provisions of clause (2) of Article 212 of the Constitution of the Islamic Republic of Pakistan be extended to the Service Tribunals respectively established under Acts of those Assemblies; AND WHEREAS it is expedient to extend the said provisions to the said Service Tribunals: It is hereby enacted as follows:
1. Short title and commencement.- (1) This Act may be called the Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974.
(2) It shall come into force at once.
2. Provisions of Article 212 (2) to extend to Provincial Service Tribunals. The provisions of clause
(2) of Article 212 of the Constitution of the Islamic Republic of Pakistan shall extend to the Service Tribunals respectively established under Acts of the Provincial Assemblies for Baluchistan, the North-West Frontier Province, the Punjab and Sind."
7. Section 2 of the ibid Act clearly depicts that provisions of clause (2) of Article 212 of the Constitution have been extended to the Service Tribunals established under Acts of the Provincial Assemblies of the Khyber Pakhtunkhwa, Baluchistan, Punjab and Sindh on the resolution/request of the respective provincial assemblies. So, the condition precedent as provided by the proviso of Article 212 (2) has been duly complied with and the bar so contained therein will be fully applicable and this court in its constitutional jurisdiction has got no jurisdiction to hear or adjudicate upon the legality or illegality of an order so passed by the Khyber Pakhtunkhwa Service Tribunal. The only remedy for the petitioner is to act as per mandate of Article 212 (3) which provides an appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal.
8. The Apex Court's judgment, so relied upon by learned counsel for the petitioner is totally irrelevant as in that case the question before the Apex Court was whether the Provincial Assembly can confer the right of direct appeal to the Supreme Court which was decided in negative as no request/ resolution was made to Majlis-e-Shoora (Parliament) by the Provincial Assembly to extend the provisions of Article 212 (2) of the Constitution. The relevant portion is reproduced herein for ready reference:- "The conclusions arrived at above require certain directions lobe given, keeping in mind that leave petitions and appeals under clause (3) of Article 212 may well be pending from Tribunals not covered by the proviso to clause (2), and many such petitions and appeals appear to have been decided and disposed of in the past. We are of the view that matters must therefore be regularized in the following terms: a. It is held that no appeal lies to this Court in terms of Article 212(3) against the decision of a Tribunal created by a Provincial law to which the proviso to clause (2) has not been applied. Any such leave petitions and appeals as are pending, being not maintainable, must be returned forthwith by the Office and no such leave petitions are to be entertained in future."
9. Learned counsel for the petitioner was heard at substantial length but he failed to make out a case for interference of this court. Resultantly, the instant writ petition, being without any substance, is hereby dismissed.