Case Details

Citation(s)
1981 SLG 610 1981 SLD 610 1981 SCMR 1140
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. (,?), heard on 24-01-1981
MUHAMMAD HALEEM AND ABDUL KADIR SHAIKH, JJ
Nizam Ahmad, Advocate-on-Record for Petitioner. Nemo for
Respondent.

MUHAMMAD SAADULLAH KHAN

VS

POSTMASTER-GENERAL AND others

Law:

Section:

Constitution of Pakistan (1973}--Art. 185(3)-Contention raised by petitioner relating to nature and scope of jurisdiction exercised by Services Tribunal requiring consideration in light of other grounds raised in petition-Leave to appeal granted to consider same, in circumstances. M. Yamin Qureshi v. Islamic Republic of Pakistan and another P L D 1980 S C 22 and Mian Amanul Mulk v. N: W. F. P. through Chief Secretary P L D 1981 Pesh. 1 ref. ORDER MUHAMMAD HALEEM, J.-The petitioner seeks special leave to appeal against the order of the Service Tribunal, Islamabad, dated 11th of October, 1980, by which his Appeal No. 37 (K) of 1980 was dismissed. 2. The petitioner was inducted in the service of the Postal Department as a clerk on 24th of November, 1952, and by order dated 8th of April 1980, be was retired from service on completion of 25 years of service qualifying for pension under section 13 (ii) of the Civil Servants Act, 1973 by the Postmaster-General, Southern Circle, Karachi. He sent a written representa­tion to the Director-General, Post Offices, on 26th of April, 1980, which was treated as an appeal and rejected by order dated 28th of June, J980. He next filed an appeal before the Service Tribunal, Islamabad but did not succeed as it held that the Service Tribunal had no jurisdiction to adjudicate in the matter and question of the validity of the order of the competent authority retiring a Civil Servant in the public interest under section 13 (ii) of the Civil Servants Act, 1973. 3. The learned counsel challenges this statement of law on the premise that the Tribunal has exclusive jurisdiction to decide the questions relating to the terms and…
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