Law: Service Tribunals Act, 1973

Section: 4

Service Tribunals Act (LXX of 1973)---   ----S. 4---Appeal to Service Tribunal---Maintainability---Right which was claimed by appellants was the right to appoint/maintain levies against the different posts---Appellants had made claim regarding their rights over the services of the `Havaldar and Foot (Piada) Sepoys in the Federal Levies on the ground of the superior right of their respective forefathers for the said purpose---Dispute raised in all said appeals had made it manifest that neither the appellants nor the causes of grievance were envisaged within the purview of the jurisdiction of the Service Tribunal---Appellants neither were civil servants under Civil Servants Act, 1973 nor they had protection in respect of any terms and conditions of service as contemplated under Art.212 or 240 of the Constitution---Controversy related to a dispute of civil nature wherein both contending parties were claiming their respective rights upon the basis of inheritance, and claiming their entitlement over maintenance of services of Federal Levies---Remedy, if any, did not lie with the Service Tribunal which was a forum of exclusive, but limited jurisdiction.    Abdul Rehman Siddiqui for Appellant (in Appeal No.17(Q)(C.S.) of 2001) and M. Ramzan Khan for Appellant (in Appeals Nos.9(Q)(C.S.) of 2003 and 1(Q)(C.S.) of 2007). JUDGMENT JUSTICE (R.) TANVIR BASHIR ANSARI (CHAIRMAN).---Through this common judgment we propose to decide the above mentioned appeals, as identical questions of law and facts are involved therein. 2. Appeal No.17(Q)(C.S.) of 2001: This appeal has been filed by Nadir Khan son of Mitha Khan on the basis that some levies posts were sanctioned for the area of Kibzai tribe. Five such posts were established within the jurisdiction of Laqaband Thana with the following details: -- (i) Devali Post, (ii) Ahmed Zai Post, (iii) Laqaband Post, (iv) Zarozai Post and (v) Tangsar Post. It is submitted that the grandfather of the appellant namely Malik Sahib Khan was given Band Levies Post. The said conferment was allegedly made upon Malik Sahib Khan aforesaid as head of the family/sub-Tribe. In this capacity the said predecessor-in-interest of the…

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