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Civil Petition No. D‑1082 of 1980, decided on 7th September, 1981

---S. 4 ‑ Jurisdiction of Tribunal ‑ Surplus personnel of Federal Security Force seeking absorption in Sind Police Constabulary under policy of Federal Government‑Order of termination of their service issued at behest of Inspector‑General of Sind Police by Commandant Sind Constabulary ‑ Matter involving terms and conditions of service‑Could be agitated before Service Tribunal- Impugned order alleging breach of terms of service or violation of principles of natural justice‑Constitutional petition before High Court, held not competent‑,Constitution of Pakistan (1973), Art. 199.

Sher Muhammad v. Director‑General of Pakistan Telegraph and Tele phone Department and another P L D 1979 Kar. 160 ; Iqan Ahmed Khurram and others v. Government of Pakistan and 7 others P L D 1979 Kar. 160 and Iqan Ahmed Khurram v. Government of Pakistan and others P L D 1980 S C 153 rel.

Raja Haq Nawaz for Petitioners.

Muhammad Ibrahim Memon, Addl. A.‑G. for Respondents.

Date of hearing : 7th September, 1981.

.‑The petitioners have sought the following reliefs :‑

(a) "declare that the petitioners have not been absorbed in the Sind Police and Constabulary by respondents Nos. 2 and 3 maliciously, un justly, unreasonably, discriminatory and unwarrantedly,

(b) declare that termination of services of the Petitioners is without lawful authority, mala fide, too harsh, unjust and without jurisdiction.

(c) declare that the petitioners are entitled to be absorbed in Sind Police and Constabulary on same conditions on which other personnel of defunct F. S. F. has been absorbed and the conditions relating to demand to P. R. C. Domicile Certificates of Sind etc. and holding of fresh tests; examinations and interviews is discriminatory, unjust, too harsh, arbitrary, unreasonable and in excess of jurisdiction of respondents Nos. 2 and 3.

(d) Direct the respondents to re‑instate the petitioners in Service and absorb them on same terms and conditions 'on which other staff of F. S. F. has been absorbed.

(e) grant any other relief deemed fit in the circumstances of case. (award compensatory costs."

2. The brief, facts leading to the filing of the above petition are that the Petitioners were employed as A. S. I. in the Federal Security Force established under the Federal Security Act 1973. It seems that on 30‑11‑1977, the aforesaid Police was disbanded under the Federal Security Force (Repeal) Ordinance, 1977. It is the case of the petitioners that prior to the enforcement of the above Repealing Ordinance, a Committee was constituted under the directive of the President/Chief Martial Law Admini strator and in the meeting held on 29‑11‑1977 (annexure to the petition), it was resolved that all the personnel serving in the Federal Security Force should be absorbed by the various provincial Governments. It is the case of the petitioners that in spite of the above decision and' in spite of the directive of the Provincial Home Secretary the petitioners were not absorbed in the Sind Police Constabulary. It seems that the petitioners have been served with an order dated 2‑1‑1980 (Annexure Q to the petition) terminat ing their services on the following ground :‑

due to non‑receipt of further sanction beyond 31‑12‑1979 from the provincial Federal Government the services of the following defunct F. S. F. A. S. Is. who have not yet been absorbed in Sind Police are hereby terminated with effect from 31st December, 1979."

It is the case of the petitioners that they have also filed appeal before the Governor which is still pending. The petitioners are aggrieved by the fact that they were not absorbed in the Sind Police and Constabulary service in spite of the directive of the competent authority and are also aggrieved by the above termination order and, therefore, they have filed the present petition.

(3) It was pointed out to Mr. Raja Haq Nawaz, learned counsel for the petitioners that the proper remedy for the petitioners is to approach the Service Tribunal. However, it was submitted by Mr. Raja Haq Nawaz that it is not clear, as to whether the petitioners should approach the Federal Service Tribunal or the Sind Service Tribunal, as the petitioners were the employees of the Federal Government before the passing of the Repealing Ordinance in 1979 and that the impugned order of termination states that the appropriate sanction beyond 31‑12‑1979 from the Provincial/Federal Government has not been received'. In our view, since the order of termi nation of the petitioners, services has been passed at the behest of the L‑G. Surd Police by the Commandant Sind Constabulary. Karachi, the impugned order can be challenged before the Provincial Service Tribunal. Further more unless the aforesaid order of termination is set aside, the question to enforce the directive of the competent authority to absorb the Petitioner in Sind Police and Constabulary service, would not arise. We may also observe that if the non‑implementation of the directive of the competent authority constitutes violation of the terms of service etc, the same can also be impugned before the Service Tribunal.

It may also be pertinent to refer to the case of Sher Muhammad v. Director‑General of Pakistan Telegraph and Telephone Department and another (P L D 1979 Kar. 1) the case of Iqan Ahmad Khurram and others v. Government of Pakistan and 7 others (P L D 1979 Kar. 160) and the case of Iqan Ahmed Khurram v. Government of Pakistan and others (P L D 1980 S C 153), wherein inter alia it has been held that a writ petition is not competent in vice matter; when petitioner, alleges the breach of the terms of service or challenges the order on the ground being void or in violation of the principles of natural 'R justice. We, therefore, dismiss the above Petition being incompetent subject to the right of the Petitioners to approach the Provincial Service Tribunal. There will be no order as to cost.

Petition dismissed.

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