Law:

Section:

Balochistan Service Tribunals Act (V of 1974)------Ss. 4 & 5(2)---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Non-implementation of order of re-instatement in service passed by Service Tribunal---Service Tribunal by virtue of S.5(2) of Balochistan Service Tribunals Act, 1974 was a civil court for purpose of deciding appeal regarding terms and conditions of a civil servant, thus, had powers of a civil court including those required to implement its s as provided under provisions of C.P.C. ---Service Tribunal in case of disobedience of its could enforce same under applicable provisions of C.P.C.---Petitionet could avail such alternate and efficacious remedy before Service Tribunal---High Court disposed of constitutional petition, in circumstances. Shoukat Ali Rakhshani for Petitioner. Nemo for Respondents. Date of hearing: 6th September, 2011. JUDGMENT MUHAMMAD HASHIM KHAN KAKAR, J-- The following relief has been sought by the petitioner: "It is respectfully prayed that the respondents may kindly be directed to implement, abide and comply with the judgment of learned Balochistan Service Tribunal dated 12-3-2010 by also directing respondents to reinstate the petitioner from the date of his removal with all back-benefits in the interest of law and justice." 2. As evident from perusal of the prayer clause, the petitioner challenges the inaction of the respondents, by not complying with the judgment passed by the Balochistan Service Tribunal dated 12-3-2010, relevant portion whereof speaks as under:-- "Viewing the above, the order dated 3-8-2007 is not sustainable, as such set aside. The matter is remanded, to the respondent' No.1 for reinitiating/deciding the withdrawal action against the appellant after giving him opportunity of hearing within one month. The appeal is disposed of accordingly with no costs." 3. Mr. Shaukat Ali Rakhshani, learned counsel for the petitioner, contended that in spite of specific direction, the respondents have failed to re-instate the petitioner; that there is no remedy provided under the law by way of which an order passed by the Balochistan Service Tribunal could be enforced by the petitioner.…

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