Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 212.-Grievance of petitioner relating to terms and conditions of service-High Court has no jurisdiction to entertain appeal under Art 212.-[Civil service]. (b) Service Tribunals Act (LXX of 1973) ---S. 4(1)(b)-Question of fitness to be appointed' already decided by Public Service Commission and appointing authority having approved, its recommendation in that respect-Relevant department declining to give a posting to such employee on ground of his having violated certain Rules and thus being not eligible to be taken in that depart­ment-Case being not one relating to terms and conditions of service-Service Tribunal, held, had jurisdiction to hear appeal against order of department and dispose of same on merits. (c) Constitution of Pakistan (1973)- --- Art. 212(3)-Case before Supreme Court liable to be remanded to Service Tribunal for decision on merits-Parties heard at length and entire material also available before Supreme Court-Views of Service Tribunal on merits known to be in favour of appellant-Supreme. Court disposed of appeal, instead of remanding back to Tribunal in circumstances.-[Remand of case] . (d) Government Servants (Marriage with foreign Nationals) Rules, 1962- -- Rr. 2 & 3-Person on date of marriage ceasing to be a Government servant-Held, so far as time of marriage was concerned case of such person did not fall within mischief of Rules. (e) Constitution of Pakistan (1973)- -- Art. 212 (3)-Question of fitness to be appointed already decided by Public Service Commission and appointing authority having ap­proved its recommendations-Relevant department declining to give a posting to such person on ground of his having violated certain Rules and thus being not eligible to be taken in that depart­ment- Unwarranted and unjustified reference by such department resulting in alteration or modification of correct decision of appoint­ing authority (President)-Held, Service Tribunal could, in appeal filed before it have directed that person should be appointed in rele­vant department and there was no impediment to appointing 4tithority approving his re-instatement on reference-Supreme Court, in view of facts…

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