Abdul Rauf V. Government of Balochistan, through Chief Secretary and 3 others,
Bench: Rozi Khan Barach
📝 AI Summary — Plain-Language Overview
Abdul Rauf, a civil servant working as Executive Engineer in the Public Health Engineering Department, challenged his transfer order through a constitutional petition filed in the Balochistan High Court. He argued that the notification transferring him from his post was illegal and asked the court to set it aside and let him complete his tenure.
The High Court dismissed the petition without examining its merits, holding that it had no jurisdiction to hear the case. The judge explained that matters relating to the terms and conditions of service of civil servants, including transfers and postings, fall exclusively within the domain of the Balochistan Service Tribunal. While Article 199 of the Constitution allows High Courts to hear constitutional petitions, Article 212 specifically bars courts from intervening in matters that fall under the jurisdiction of Administrative Courts or Tribunals like the Service Tribunal. Since Article 212 overrides Article 199 in such cases, the court said it could not even consider issues like whether an alternate remedy existed or whether the transfer was made in bad faith, because the jurisdictional bar prevented the court from acting at all.
The case matters because it reaffirms a key constitutional principle: civil servants seeking to challenge service-related decisions such as transfers must go through the Service Tribunal and departmental appellate channels, not the High Court, reinforcing the clear separation of jurisdiction between ordinary courts and specialized service tribunals.
عبدالرؤوف، جو پبلک ہیلتھ انجینئرنگ ڈیپارٹمنٹ میں ایگزیکٹو انجینئر کے طور پر بطور سرکاری ملازم کام کر رہے تھے، نے اپنے تبادلے کے حکم کو بلوچستان ہائی کورٹ میں آئینی درخواست دائر کر کے چیلنج کیا۔ ان کا موقف تھا کہ انہیں ان کے عہدے سے ہٹانے کا نوٹیفیکیشن غیر قانونی ہے، اور انہوں نے عدالت سے درخواست کی کہ اس نوٹیفیکیشن کو کالعدم قرار دیا جائے اور انہیں اپنی مدتِ ملازمت مکمل کرنے دی جائے۔
ہائی کورٹ نے درخواست کے میرٹس پر غور کیے بغیر ہی اسے خارج کر دیا اور قرار دیا کہ اسے اس معاملے کی سماعت کا اختیار ہی حاصل نہیں۔ جج نے وضاحت کی کہ سرکاری ملازمین کی ملازمت کی شرائط و ضوابط سے متعلق معاملات، بشمول تبادلے اور تقرریاں، مکمل طور پر بلوچستان سروس ٹریبونل کے دائرہ اختیار میں آتے ہیں۔ اگرچہ آئین کا آرٹیکل 199 ہائی کورٹس کو آئینی درخواستوں کی سماعت کا اختیار دیتا ہے، لیکن آرٹیکل 212 خاص طور پر عدالتوں کو ای
Generated from the full judgment text below — not a substitute for reading the actual opinion.
2024 P L C (C.S.) 297 [Balochistan High Court] Before Rozi Khan Barrech, J ABDUL RAUF Versus GOVERNMENT OF BALOCHISTAN, through Chief Secretary and 3 others C.P. No.12 of 2022, decided on 12th January, 2022. Constitution of Pakistan --- ----Arts. 199 & 212 ---Civil service ---Constitutional petition ---Bar to jurisdiction --- Maintainability ---Transfer and posting--- Scope ---Petitioner challenged the notification of his posting/transfer ---Validity ---Jurisdiction of the High Court was ousted in matters which fell within the jurisdictional domain of the Balochistan Service Tribunal ---Article 199 of the Constitution was "subject to the constitution", while Art. 212, being a non- obstante Article, prevailed over Art. 199 ---Article 212 clearly stated that "no 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", therefore, High Court had no jurisdiction to entertain a matter which stood barred under Art. 212 of the Constitution---In fact, Art. 199 of the Constitution could not be set in motion due to the jurisdictional bar; therefore, question of alternate remedy or mala fide consideration or the nature of grievance did not even begin to arise ---Such distinction between the bar of jurisdiction and the exercise of judicial power must be clearly understood--- Petitioner was directed to approach relevant forum ---Constitutional petition, being not maintainable, was dismissed. Adnan Ejaz Sheikh for Petitioner. Date of hearing: 10th January, 2022. JUDGMENT ROZI KHAN BARRECH, J. ----The instant constitution petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution") carries the following prayer clauses: "It is, therefore, respectfully prayed that this Hon'ble Tribunal may be pleased to declare that the notification dated 02.01.2021 issued by respondent No.3 on behalf of respondent No.2 to be illegal, passed in excess of jurisdiction and authority as such, not maintainable, consequently the same may be set aside and directions may be issued to respondents Nos.1 and 2 to allow the petitioner to continue his duties as Executive Engineer, PHE Division, Killa Abdullah and to complete his tenure on the said post as required under the law and rules with any other relief and cost of the proceedings, in the interest of justice".
2. I have heard the learned counsel for the petitioner and have perused the entire record with his able assistance.
3. There is no dispute that the petitioner is a civil servant though he has challenged the impugned notification of his transfer/posting passed by respondent No.2 (Secretary Public Health Engineering Department). The petitioner also averred in his petition that he has also filed a departmental representation before the respondents.
4. In view of the above circumstances, the petitioner is a civil servant of the Government of Balochistan. He has agitated the matter related to the terms and conditions of his service. It is well settled that the jurisdiction of this court is ousted in matters which fall within the jurisdictional domain of the Balochistan Service Tribunal. Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is "subject to the Constitution", while Article 212, being a non- obstante Article, prevails over Article 199. Article 212 clearly states that "no 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 extents, therefore, this court has no jurisdiction to entertain a matter that stands barred under Article 212 of the Constitution. In fact, Article 199 of the Constitution cannot be set in motion due to the jurisdictional bar; therefore, the question of alternate remedy or mala fide consideration or the nature of grievance does not even begin to arise. This distinction between the bar of jurisdiction and the exercise of judicial power must be clearly understood. In view of the above, the petitioner to approach the relevant forums, including the appellate authority as well as the learned Balochistan Service Tribunal, Quetta, having exclusive jurisdiction, as far as terms and conditions of his service are involved. For the above reasons, the instant constitution petition is not maintainable; therefore, this petition is dismissed in limine as being not maintainable. SA/40/Bal. Petition dismissed.