SHAIKH ABDUR RAZZAQ, J. - Briefly stated the facts are that petitioner Khalid Mehmood was Sub- Inspector in the F.S.F. Which was dis- banned on 1.12.1997. Like many his colleagues, he was also absorbed in the Punjab Police in accordance with the CMLA's Order passed in respect of the absorption of the such persons. According to the said CMLA's Order, the absorption was declared to be on permanent basis. However the absorption of the petitioner was not treated as such nor any such consequential relief was given to him. The petitioner feeling aggrieved submitted a departmental appeal in respect of his absorption on permanent basis, counting his seniority and entry in list ' F' which was not accepted. He thereafter instituted an appeal No. 218/91 with the Punjab Service Tribunal, Lahore praying that he be treated permanently absorbed as Sub- Inspector in Punjab Police w.e.f 1.12.1977 and his seniority with the S.Is. Of Rawalpindi Range be fixed on that basis and he be admitted in list ' F' and promoted to the rank of Inspector on the basis of his revised seniority as S.I. With effect from 1.12.1977 as permanent S.I. The Punjab Service Tribunal vide order dated 23.1.1994 while allowing his the relief to the petitioner in the following terms:- "As a result the appeal is allowed. The appellant is entitled to be treated as permanently absorbed in the Punjab Police as S.I. w.e.f. 1.12.1977, and count his seniority accordingly. He is further declared entitled to be considered for placement in the 'F' list for the purpose of further promotion to the Post of Inspector in accordance with the seniority indicated above."
2. The respondents Nos. 1 and 2 did not implement the order of the Punjab Service Tribunal in letter and spirit, though various representations were made for its implementation. Having failed to seek the relief, he has instituted the instant Constitutional writ petition praying that respondents Nos. 1 and 2 be directed to implement the decision of the Punjab Service Tribunal referred above.
3. The writ petition has been resisted by respondents Nos. 1 and 2, who asserted in their comments that order of the Punjab Service Tribunal has been implemented and petitioner stands absorbed in Punjab Police (Rawalpindi Range) w.e.f. 1.12.1977. However the jurisdiction of this Court was challenged on the ground that it being a service matter, could not be agitated by way of Constitutional Writ Petition and the only and proper forum for the said purpose was to move the Punjab Service Tribunal, Lahore. It was thus prayed that the petition be dismissed.
4. Since the writ petition is at motion stage and is being disposed of on merits so the same is hereby admitted.
5. Arguments have been heard and record perused.
6. It is contended by the learned counsel for the petitioner that as per order of the Punjab Service Tribunal dated 23.1.1994 his client was ordered to be absorbed permanently in the Punjab Police as S.I. w.e.f. 1.12.1977 and his seniority was ordered to be counted accordingly. However this decision of the Punjab Service Tribunal has not been implemented in letter and spirit. He argued that in other cases of similar nature orders passed by the Punjab Service Tribunal have been implemented and in this respect referred Notification No. 7035/NGO, II, dated 6.10.1986. He thus prayed that petition be accepted and a direction be issued to respondents Nos. 1 and 2 to implement the order dated 23.1.1994 passed by the Punjab Service Tribunal, Lahore.
7. Conversely learned counsel for respondents has challenged the jurisdiction of this Court to entertain this petition. His contention is that as the matter pertains to the terms and conditions Of service of the petitioner, so the jurisdiction of this Court is barred under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. He however further contended that order dated 23.1.1994 has been implemented as the petitioner has been permanently absorbed in Punjab Police (Rawalpindi - Range) w.e.f. 1. 12.1977. He thus prayed that the petition be dismissed.
8. 1 have given my anxious consideration to the contentions of the learned counsel for the parties and have gone through the record. The stand of learned counsel for the respondents that this Court has no jurisdiction to entertain this petition in view of the embargo imposed by Article 212 of the Constitution. There is no doubt that the Punjab Service Tribunal has exclusive jurisdiction qua the terms and conditions of civil servants. However in the case in hand, the remedy resorted to is under dictate of Constitution and there is no justification for the respondents to decline its implementation. It is to be noticed that Provincial Government did not file any appeal against the judgment of the Punjab Service Tribunal. Thus their act of not implementing the decision of the Punjab Service Tribunal amounts to frustrate the mandate of Constitution.
9. Reverting to the objection of bar of jurisdiction under Article 212 of the Constitution in relation to the maintainability of this Constitutional petition, suffice it to say, that so far as determination of rights of petitioner as regards his terms and conditions, those have already been adjudicated upon by the Punjab Service Tribunal and in this Constitutional petition the only relief claimed is to give effect to the said adjudication made by the Tribunal created under the law, obedience to which is the obligation of every citizen by Article ^ of the Constitution. Reliance is placed upon Muhammad Anwar Vs. Principal Secretary to. The Prime Minister of Pakistan, Islamabad and another (1994 PLC (C.S.) 913 (Lahore) and S. Inamul Haq Vs. The Secretary Establishment Division Government of Pakistan (1983 CLQ 1954 (Lahore). Accordingly objection is repelled.
10. The stand of respondents is that judgment dated 23.1.1994 has already been given effect as such there is no force in this writ petition. This contention of respondents is also devoid of any force, as a perusal of comments filed by respondents reveal that petitioner has been confirmed as Sub- Inspector w.e.f 18.2.1987. This confirmation is in violation of the order of the Punjab Service Tribunal whereby he has been absorbed as Sub- Inspector w.e.f. 1.12.1977. Admittedly no appeal was filed in the Supreme Court of Pakistan against the decision dated 23.1.1994, so the said judgment has attained finality. It was binding on the respondents to implement said judgment and grant the relief to the petitioner in letter and spirit as per judgment referred above. Thus the said contention being devoid of any force is brushed aside.
11. In view what has been stated above this petition is accepted and it is directed that the decision of the Punjab Service Tribunal dated 23'. 1.1994 whereby the petitioner has been permanently absorbed in the Punjab Police as S.L, w.e.f. 1.12.1977 and his seniority has been ordered to be counted accordingly, and has further been declared entitled to be considered tor placing in list' F' for the purpose of future promotion to the post of Inspector in accordance with the seniority indicated shall be implemented in letter and spirit forthwith.