Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)-------S. 4---Constitution of Pakistan, Art.212(3)---Termination of service---Petitioner who was recruited as Personal Assistant, having not been paid salary and remuneration for the period during which he was posted, he approached Service Tribunal for redressal of his grievance---Service Tribunal instead of granting relief prayed for by the petitioner, declared that his appointment was illegal and void ab initio and as a result thereof his services were terminated---Even counsel for the authorities had stated that the Service Tribunal had no jurisdiction to declare the service of the petitioner void or illegal and agreed to the setting aside of impugned ; and that case be sent back to the department---Petition was converted into appeal and impugned order was set aside---Petitioner/appellant would be deemed to be continuously in service and his right to salary for the period for which he had served the department, would be addressed with by the competent authority. Dr. Naveed Tufail and others v. Government of the Punjab and others 2003 SCMR 291 ref. Qazi M. Anwar, Senior Advocate Supreme Court for Petitioner. Nemo for Respondents Nos.1-2: Niaz Ahmed Rathore, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Respondents Nos.3 to 5. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- This petition has been filed for leave to appeal against the judgment dated 24-1-2008 of the N.-W.F.P. Service Tribunal, Peshawar. 2. Precisely stating the facts of the case relevant for disposal of instant petition are that Gul Wali petitioner was recruited as Personal Assistant to Tehsil Nazim, Lukki Marwat but he was not paid salary and remunerations for the period during which he was posted, therefore, he approached Service Tribunal for redressal of his grievance but surprisingly the Service Tribunal instead of granting relief prayed for by him declared that his appointment is illegal and void ab initio, as a result whereof his services were terminated, hence; the instant petition has been filed. 3. Learned counsel for the petitioner vehemently contended that as far as the salary of…

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