Jurisdiction of High Court And Federal Service Tribunal in Service Matters of Pakistan: A Critical Analyses

Abstract

This research paper critically discusses the overlapping jurisdiction of High Courts and the Federal Service Tribunal in service matters in Pakistan. Even though the Civil Servants Act 1973 and Article 212 of the Constitution give power to the Service Tribunals to adjudicate on disputes involving terms and conditions of the civil servants, the High Courts still have a role to play under Article 199, especially when there is a question of fundamental rights, illegality, mala fide actions, or lack of jurisdiction. This duality has led to multiplicity of proceedings, conflicting judicial interpretation and delay in dispensation of justice. This research is an analytical examination of constitutional provisions, statutory frameworks and current leading judicial precedents of the Supreme Court and High Courts to highlight inconsistencies in application of the principles of jurisdiction. It discloses that although the Service Tribunals are meant to offer exclusive and specialized forums in which service disputes are addressed, the High Courts come in to provide exceptional services in situations where it is alleged that actions of constitutional violations or irregularities in the procedures are alleged. This has eroded the boundary of jurisdiction and posed confusion to litigants. Moreover, there are main problems mentioned in the research, which could affect successful adjudication: lack of uniformity in judicial decisions, lack of enforcement powers within Service Tribunals, and procedural complexities that could impede successful adjudication. The theoretical framework of the study is based on the principles of rule of law, discrimination, and vested rights, which explain the minimal role of High Courts in the service matters. The article also finds that there is urgent need to reform legislative and procedural approaches that will clearly define jurisdictional boundaries, enhance the institutional capacity of Service Tribunals and expedite justice. It suggests reforms of the pertinent provisions and laws of the constitution and enhanced education of tribunal members and adoption of up-to-date judicial practices to reduce the occurrence of jurisdictional conflicts and enhance the performance of service law adjudication in Pakistan.

Keywords:
High Court jurisdiction, Federal Service Tribunal, civil servants, Article 199, Article 212, service law, constitutional law, Pakistan judiciary, multiplicity of jurisdiction, fundamental rights, judicial review, administrative justice, legal reforms, rule of law, service disputes