3502/2021 Const. P. Syed Babar Hashmi (Petitioner) V/S Govt. of Sindh and Others (Respondent)
Bench: Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
3502/2021 Const. P. Syed Babar Hashmi (Petitioner) V/S Govt. of Sindh and Others (Respondent) Sindh High Court
Bench: Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 03-JUN-21
We do not agree with the statement of the learned counsel for the Petitioner on the aforesaid assertions for the simple reason that compulsory retirement from service is a major penalty under service jurisprudence and falls within the ambit of expression terms and condition of service of the civil servant, therefore, the jurisdiction of all other courts is barred by the provision of Sindh Service Tribunals Act, 1973 read with Article 212(2) of the Constitution. On the aforesaid proposition, we are fortified with the decision rendered by the Honble Supreme court in the case of Ali Azhar Khan Baloch vs. Province of Sindh [2015 SCMR 456]