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2000 PLC (C.S.) 1

AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN and 3 others vs SENIOR

Citation2000 PLC (C.S.) 1
CourtLahore High Court
Case No.Writ Petition No,1733 of 1999
Date1999-02-08
Judge(s)Ghulam Mahmood Qureshi
ResultPetition dismissed

ORDER

' The learned counsel for petitioner submitted that respondent No,3 has challenged the vires of his transfer order before Senior Civil Judge, Okara, who vide his order, dated 26-1-1999 issued an interim injunction suspending the impugned transfer order. He submits that the learned Senior Civil Judge has got no authority under the law to interfere in such-like matter as the matter relates to terms and conditions of service, which is in exclusive jurisdiction of Service Tribunal.

2. The learned Deputy Attorney-General was asked to appear before this Court and assist this court in the matter. Sh. Anwar-ul-Haq, Deputy Attorney-General has appeared in this matter and has frankly admitted that Senior Civil Judge has got no jurisdiction in the matter. The learned counsel appearing on behalf of respondent No,3 has also admitted the same position. He, however, submits that the respondent has filed representation before the departmental authority, which is still pending.

3. Be that as it may, as the matter relates to terms and conditions of service, therefore, it falls within the exclusive jurisdiction of Service Tribunal. The reliance can be placed in this respect to the case Zahid Akhtar v. Secretary Government of Punjab, Local Government and Rural Development Department (PLD 1995 SC 530), Ikhlaq Ahmad v. Secretary Government of Punjab (1998 SCM R 516) and Mst. Nahid Akram v. The Province of Punjab etc. (1998 SCM R 222). Thus, the order passed by the Senior Civil Judge, Okara is without jurisdiction and without lawful authority and also of no legal value, It is declared as such. The respondent may seek his remedy before appropriate forum. This writ petition stands allowed.

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