1. ' RAZA AHMAD KHAN, J.--By this Constitutional petition the petitioners, who are employees of Agriculture Department, N.-W.F.P., have lied in question Notification No, FD(SR-I)/1-8/76-Vo1.II, dated 29th April, 84, issued under section 26 of the N.-W.F.P. Civil Servants Act, 1973, whereby indent in sub-rule (22) of rule 10 of the N.-W.F.P. Civil Services Pay evasion Rules, 1978, was incorporated; on the point of its prospective or respective operation which is going to materially affect the increments in the lary of the petitioners.
2. ' We have heard at length, Qazi Atiqur Rehman, the learned counsel for the petitioners and during the course of arguments the question of jurisdiction of this Court to hear the matter arose.
3. It has been candidly admitted by the learned counsel that the salary itself and the increment therein constitutes and falls within the "terms and conditions of service of civil servants" as postulated in subsection (2) of section 3 of the N.- W.F.P. Service Tribunals Act, 1974. Since the jurisdiction in respect of matters relating to the terms and conditions of service of civil servants vests exclusively in a Tribunal set-up under subsection (1) of section 3 ibid, there is no escape from the conclusion that this writ petition is not competent on this score and the N.W.F.P. Service Tribunal has exclusive jurisdiction to decide the matter in issue.
4. ' Vie also intentionally avoid to examine the legal effects of the notification which, as it speaks for itself, is to come into operation with immediate effect. In our view, it is exclusively for the N.-W.F.P.
5. Service Tribunal to examine and record its finding on the matter. The petitioners, therefore, can approach the Service Tribunal, if so advised.
6. ' With these observations we find that for want of jurisdiction this writ petition cannot be entertained and accordingly is dismissed hereby, leaving the parties to bear their own costs.