Law:

Section:

Service Tribunals Act (LXX of 1973)- --- S. 4 read with Provisional Constitution Order (1 of 1981), Art. 15 (2) and M.L.O. 23-Bar of jurisdiction of Service Tribunal ­Appellant retired compulsorily under Government Servants (Efficiency and Discipline) Rules, 1973 on 3rd October, 1976-His representation for reinstatement accepted by Prime Minister on 27th June, 1977 Reinstatement order passed by Prime Minister not implemented before imposition of Martial Law and change of regime-Appellant subsequently making application for implementation of order of his reinstatement-Such application though made long before promulga­tion of M.L.O. 23 placed before Review Board set up under M.L.O. 23 and Review Board recommending its rejection and such recommen­dation never placed before C.M.L.A. but on basis of some noting of Advisor for Establishment its rejection by C.M.L.A. presumed-So­-called rejection, in circumstances, held, did not amount to an order made in exercise of powers derived from any of the Regulations, enactments, notifications, rules or orders contemplated by Art. 15 (2) of Provisional Constitution Order, 1981 and matter, held, within jurisdiction of Service Tribunal-Art. 15 (2) ibid, held, cannot stand in way of Tribunal going into validity of impugned order refusing to implement Prime Minister's order regarding reinstatement of appellant. 1982 S C M R 562 distinguished. P L D 1980 S C rel. (b) Civil, services­--- Order-Coming into force of an order-Meaning of. Appellant before Service Tribunal was retired compulsorily under Government Servants (Efficiency and Discipline) Rules, 1973. On consider­ation of his representation the Prime Minister decided to rescind the retire­ment order and directed that the appellant be informed about his order by a particular Minister. The said Minister accordingly informed the appellant and marked down the file to concerned authorities after recording his note that he had informed the appellant. Question before the Service Tribunal was as to whether the order passed by the Prime Minister reinsta­ting the appellant bad come into effect at any time. Held: If an order is passed by a competent authority, but not implemented by…

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