Law:

Section:

(a) Azad Jammu & Kashmir Service Tribunals Act, 1975­-- S. 5,2) reed with Civil Procedure Code (V of 1900, Ss. 114, 141 & O. XLVII-Review-Tribunal, held, empowered to review its orders like any other civil Court within limits of O. XLVII, r. 1, C. P. C. P L U 1970 S C 1 and Dr. M. Fazil Zahir and others v. Mst. Begum Jan and others P E. D 1966 Lah. 53 ref. (b) Azad Jammu & Kashmir Service Tribunals Act, 1975- --Ss. 3, 4 & "8-Jurisdiction of Tribunal-Appeal falling within four corners of S. 3 or 5. 8-Proviso (c) to S. 4 does not stand in way of entertainment and decision of such appeal by Tribunal even against orders passed before 1-7-1959. S. Iftikhar Hussain Shah v. Azad Government and others Service Appeal No. 13 of 1976 ref. Gulshair Khan and another v The Province of West Pakistan and 2 others P L D 1975 Lah 722 and Director of Education Peshawar v. Sanaullah and others 1976 P L C (C. S. T.) 156 rel. (c) Interpretation of statutes-- -------Provision of general section does not override a special section. (d) Interpretation of statutes- -- Proviso of a section cannot be extended to operate against provision of any other section unless specifically so provided. Sh. Abdul Aziz for Petitioner. Ch. Muhammad Saeed for Respondent. ORDER MALIK MUHAMMAD ASLAM KHAN (CHAIRMAN). This Review Application has been filed against our order dated 31-7-76 passed in the appeal filed by the respondent against the petitioners. The respondent, who is an A.C.F. in the Forest Department, had challenged Government order dated 30-3-68 by which he and another A.C.F. were reverted from Class I to Class II. We* accepted the appal and held that the impugned Govt order was without any legal effect thereby entitling the applicant to remain and continue as A. C. F. Class I. It may be stated here that prior to the establishment of Service Tribunal in Azad Kashmir, the respondent had filed a writ petition in the High Court challenging the above stated Govt. order, but the writ petition abated when the Service Tribunal was established in Azad Kashmir in April, 1975. Thereafter the respondent filed the above-mentioned appeal before this Tribunal, resulting in our decision in his…

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