RAJA MUHAMMAD KHURSH1D, J.- This writ petition is filed by the petitioner in order to challenge the order dated 1-9-1397 and 9-9-1997 passed by respondent No. 1 respectively on the ground that those are illegal without lawful authority and smacks mala fide.
2. The brief facts are that the petitioner was appointed as Lower Division Clerk in Defence Science and Technology Organization (DESTO) w.e.f. 23-12-1964 and since then has rendered 32 years of service. The petitioner was allegedly promoted as Superintendent (BPS-16) w.e.f. 10-10-1984 vide DESTO (HQ) letter No. 1067/3/DESTO/Admin-2 dated 15-10-1984 (Annexure-A). He was granted selection grade BPS-17 w.e.f. 18-5-1994 vide letter dated 19-6-1994 (Annexure-B). The post of Admin Officer (BPS-17) fell vacant at DESTO Labs Chaklala Rawalpindi on 6-2-1997 on the retirement of one Abdur Rashid, the then Admin Officer, The post was to be filled by promotion as per recruitment rules. The-petitioner being the senior most Superintendent was given current charge of the Admin Officer in BPS-17 subject to his promotion, to this post. The petitioner took over the charges of the post of Admin Officer w.e.f. 6-2-1997 and was still continuing. A No Objection Certificate (NOC) was required to fill in that post as some officers were also placed in surplus pool and according to the Government Instructions any post falling vacant will have to be filled from amongst those officers and in case none was available, then No Objection Certificate was to be issued for filling The post.
The petitioner was alleged granted NOC which was later on cancelled vide order dated 1-9-1997 (Annexure-K). An officer from the surplus pool namely Hafiz Nazir Muhammad, OSSD BPS-17 was absorbed as Admin Officer of DESTO which allegedly effected the right of promotion of the petitioner adversely. It is, therefore, contended that the posing of Hafiz Nazir Muhammad OSD, surplus pool to post of Admin Officer DESTO was mala fide in order to deprive the petitioner of his well deserved promotion.
3. The facts stated above will clearly show that the dispute between the parties relate to the terms and conditions of service, which falls within the exclusive jurisdiction of Federal Service Tribunal created under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. Clause (2) of the Article ibid clearly show that in such a situation, 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. Hence the writ petition would not be competent, in view of the above provisions and as has been held ln;
(i) Miss Rukhsana Ijaz v. Secretary Education, Punjab and others reported as 1997 SCM R 167; and
(ii) Ayyaz Anjum v. Government of Punjab, Housing & Physical Planning Department through Secretary & others reported as 1997 SCM R 169.
4. The learned counsel for the petitioner contended that since mala fide against the impugned order has been alleged in this petition, therefore, High Court shall have jurisdiction to entertain the matter irrespective of the provisions contained in Article 212(2) of the Constitution. I am afraid, this view cannot be accepted because the detail of mala fide is not provided in the petition itself and even if mala fide is alleged then too, such an order would fall within the jurisdiction of the Service Tribunal, as held in Munshi Muhammad Azam v. A C. Etc reported as PLJ 19% Lahore 16(DB). It was observed therein that the Service Tribunal shall have jurisdiction in Service matters even if the orders were challenged on the ground of mala fide, being arbitrary or passed in fanciful exercise of authority.
5. In view of the above discussion, I do not find any merit in this writ petition, which is dismissed in limine: C.M. No. 3601 and 3602 of 1997 With the dismissal of main petition, these miscellaneous applications also stand disposed of.