Law: N.W.F.P. Service Tribunals Act, (I of 1974)

Section: 4,7

Law: Civil Procedure Code (V of 1908)

Section: O.XLVII,r.1

N.W.F.P. Service Tribunals Act (I of 1974)- ---Ss. 4 & 7 read with Civil Procedure Code (V of 1908), O. XLVII, r. 1-Appeal and review-Distinction -- Words "mistake or error" occurring in O. XLVII, r. 1, C. P. C.-Connotation-Jurisdiction of Services Tribunal-Ground of want of jurisdiction not taken in appeal-Held, cannot be allowed to be convassed in review application. ORDER MUHAMMAD KURSHID KHAN (CIIAIRMAN).-This is a petition for the review of the order of the Civil Services (Appellate) Tribunal, North-West Frontier Province, dated March 20, 1972, in Appeals Nos. 24 and 27 of 1970, accepting the appeals of Messrs Gul Wali Khan and Fazal Quaider, by declar­ing them senior to Messrs Altaf Elahi, Iqbal Muhammad, Noor Elahi and Abdur Rashid Nawaz. The review is sought on two grounds, firstly, that the observations made in paragraphs loos. 7 and 8 of the order on which the impugned decision proceeded run counter to the North-West Frontier Province Subordinate Educational Service Rules, 1945, and secondly, that the Civil services (Appellate) Tribunal had no jurisdiction to set aside the order confirmation of the petitioner by accepting the appeals. In the impugned paragraphs of the orders, it was observed as follows :- "7. So far as Rashid Nawaz respondent is concerned, there was no joint cadre of grade I Assistants and Stenographers in the Old Rules of 1945. Stenographers had a separate cadre and this is evident from Memo. No. 59733/A-14, dated June 22, 1963 of the Director of Education, Peshawar Region, addressed to Gul Wali appellant in reply to his representation, copy of which was endorsed to Rashid Nawaz respondent as well. According to the Rules of 1963, combined list of Grade I Assistants and Stenographers had to be kept according to note in column 4 of Appendix to the Rules and after the coming into force of the Rules of 1961, Rashid Nawaz was also brought on the list of the Grade I Assistants. Since he had started officiating in the same scale earlier than the appellants and had as a matter of fact been confirmed on 17-2-1962, that is to say, before the coming into force of the Rules of 1963, he was, therefore, placed senior to to the appellants in…

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