Law: Service Tribunals Act, 1973

Section: 4

Law: Constitution of Pakistan, 1973

Section: 199,212

Law: General Clauses Act, 1897

Section: 24-A

Service Tribunals Act (LXX of 1973)---   ----S. 4---Constitution of Pakistan (1973), Arts.4, 199 212---General Clauses Act (X of 1897), S.24-A---Constitutional petition---Delay in deciding representation---Obligation of public functionaries--Petitioner whose representation was not decided despite considerable delay, had contended that it was the duty and obligation of public functionaries to decide representation of their subordinates without fear, favour, nepotism, with reasons and within reasonable time as envisaged by Art.4 of the Constitution, read with S.24-A of General Clauses Act, 1897---Counsel for the State had submitted that constitutional petition was not maintainable in view of bar contained in Art.212 of the Constitution, read with S.4 of Service Tribunals Act, 1973---Validity---Despite the bar contained in Art.212 of the Constitution, read with S.4 of the Service Tribunals Act, 1973, High Court had ample jurisdiction to give direction to the public functionaries to act strictly in accordance with law in view of Art.4 of the Constitution, while exercising powers under S.199 of the Constitution---Public functionaries were duty bound to decide the representations of their subordinates without fear, favour, nepotism with reason and within reasonable time---No body should be penalized by inaction of the public functionaries---Order accordingly.    H.M. Rizvi and 5 others v. Maqsood Ahmad and 6 others PLD 1981 SC 612; Province of Sindh through Chief Secretary Sindh, Karachi and 4 others v. Gul Muhammad Hajano 2003 SCMR 325; Messrs Airport Support Services case 1998 SCMR 2268 and Ahmad Latif Qureshi v. Controller of Examination, Board of Intermediate, Lahore PLD 1994 Lah. 3 ref. ORDER CH. IJAZ AHMAD, J.---The sole grievance of the petitioner is that the petitioner filed representation before respondent No.2 who has not decided the same till date. The petitioner being aggrieved filed this writ petition. 2. The learned counsel for the petitioner submits that it is the duty and obligation of public functionaries to decide the applications/representations of their subordinates without fear, favour, nepotism, with reasons and within reasonable…

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