Law:

Section:

(a) Khyber Pakhtunkhwa Service Tribunal Act (I of 1974)-------S. 3(2)---Civil Procedure Code (V of 1908), S.9 & O.XXXIX, Rr.1 & 2---Constitution of Pakistan, Art.212(3)---Correction of date of birth in the official record of civil servant---Suit for injunction---Jurisdiction of civil court---Suit filed by plaintiff was decreed, government department was directed to correct date of birth of civil servant---Appellate court dismissed the appeal filed by petitioner/defendant---Validity---According to Art.212 of the Constitution, administrative courts and tribunals had been established having exclusive jurisdiction in respect of the matter relating to terms and conditions of persons who are in service of Pakistan---Article 212(2) of the Constitution commanded that no court or tribunal shall grant an injunction, make any order or entertain any proceeding in respect of any matter to which the jurisdiction to such court or tribunal extended---Khyber Pakhthunkhwa Service Tribunal Act, 1974 was enforced to deal with the matters relating to the terms and conditions of service of civil servants---Provincial Government had established Service Tribunal to exercise exclusive jurisdiction in respect of matters relating to terms and conditions of civil servants---Service Tribunal had the exclusive jurisdiction in respect of matters relating to terms and conditions of service of civil servants----Both the courts below had fallen in error by assuming jurisdiction to entertain and adjudicate upon, in circumstances---Judgment and decree passed by both the courts below was set aside---Revision petition was accepted. (b) Khyber Pakhthunkhwa Service Tribunal Act (I of 1974)--- ----S. 3(2)---Khyber Pakhthunkhwa Civil Servants Act (XVIII of 1973), S.8---Constitution of Pakistan, Art.212(3)---Correction of date of birth in seniority list of civil servant---Terms and conditions of service---Scope---Suit filed by plaintiff/civil servant for correction of date of birth in seniority list of government department was decreed by civil court---Appellate Court dismissed the appeal of defendant---Plaintiff contended that correction of date of birth in seniority list did not fall under…

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