Law: Service Tribunals Act, 1973

Section: 3,4,4(1)(b)

(a) Service Tribunals Act (LXX of 1973)- -- Ss. 3 & 4-Jurisdiction of Service Tribunal-Not dependent on whether impugned act already carried out or merely a- threatened act-Jurisdiction of such Tribunal, held, depends on fact whether impugned act related to terms and conditions of service of a civil servant and cannot be defeated on plea of act being merely a threatened act.-[Jurisdiction-Civil service]. Jamal Parwez v. Safdar Hussain Naqvi P L D 1956 Sind 755; Subedar Singhara Singh and another v. Brig. C. H. D. O. Callaghan and others A I R 1946 Lab. 247 and Muhammad Hussain Khan and others v. Province of Baluchistan and others P L D 1976 Quetta 59 ref. (b) Service Tribunals Act (LXX of 1973)- S. 4(1)(b)-Determination of fitness-Jurisdiction-Reversion from higher post to a lower post-Does not involve determination of fitness to hold or not to hold higher post-Question of reversion, hence, held, not excluded from jurisdiction of Service Tribunal.-[Jurisdiction- Civil service]. Mohibullah v. Federation of Pakistan P L D 1975 Lab. 813 and Mutaqqi Hussain Rizvi v. Province of Sind P L D 1978 Kar. 703 rel. Sahibzada Fariduddin Ahmed v. Province of Punjab P L D 1976 Lab. 1310 and Saghir Ahmed v. The Federation of Pakistan P L D 1966 Lab. 287 distinguished. (c) Service Tribunals Act (LXX of 1973)- -- Ss. 3 & 4-Appeal-Contention that petitioners could not file appeal against impugned orders due to such orders being not addressed to them-Petitioners having filed copies of order of Head of Depart­ment and challenging same, mere fact of orders having not been personally served on them by Department, held, makes no difference material fact being whether impugned orders adversely affected or likely to affect, petitioners' terms and conditions of service--Orders if so affecting, or likely to so affect, appealable to Service Tribunal in absence of a Departmental appeal-Held further, impugned orders if appealable to Department petitioners could approach Service Tribunal on expiry of ninety days from filing of appeal without waiting for any decision by Department.-[Appeal (civil)-Civil service]. (d) Service Tribunals Act (LXX of 1973)- Ss. 3 & 4-Constitutionality…

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