2015 SCMR 456

Act (LXX of 1973), S.3—Civil service—Legislation
effecting rights of a civil servant—Civil servant filing constitutional petition before the Supreme Court—Maintainability—Civil Servant, being a citizen of Pakistan, equally enjoyed the fundamental rights conferred by Chapter 1 of Part II of the Constitution— When an impugned legislative instrument was violative of the Constitution and the fundamental rights of the civil servant, and issues raised in the constitutional petition were of public importance having far reaching effects on service structure, the petition under Art. 184(3) of the Constitution would be maintainable—Perception that a civil servant could only seek redressal of his grievance from the Service Tribunal or from any other forum provided by the Civil Servants Act, 1973 was thus not correct. [p. 500]