Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S.4(1) Proviso (a)--Departmental appeal or representation--Made to wrong quarters--Does not constitute a reason for treating same as invalid--Appeal addressed directly to Departmental Appellate Authority and not through normal channel--Authority receiving such appeal, held, duty bound to forward same to proper authority i.e. authority who passed impugned order for processing it according to rules--Contention that departmental appeal, in circumstances, was not a proper appeal and requirement of proviso (a) could not be considered to have been fulfilled--Repelled--Federal Security Force Act (XL of 1973). P L D 1981 S C 612 ref. (b) West Pakistan Rangers Ordinance (XIV of 1959)-- ---S.2(d), Proviso--Disbandment of Federal Security Force on repeal of Federal Security Force Act, 1973 on 1-12-1977--Member of F.S.R absorbed in Rangers, given regular number after successfully completing training--Putting more than 6 months service in Rangers--Subsequently discharged purportedly on grounds that absorption in Rangers was merely against supernumerary post--Record indicating that posting in Rangers neither on deputation nor as ad hoc arrangement nor an adjustment against supernumerary post--Absorption having been implemented, in circumstances, held, a definite and positive step had been taken hence it was not open to competent authority to recede from such position and undo action already taken--Appeal against impugned discharge order accepted by Service Tribunal--Service Tribunals Act (LXX of 1973), S.4. F. E. Siddiqi, M.A. Am and Ch. Khushi Muhammad for 115 Appellants. M. M. Saeed for Appellants Nos. 5 to 9 and 1 to 20, 23, 24, 25, 29, .34, 37, 38, 41, 45, 49, 53, 55, 56, 57, 59, 60, 62, 63, 73, 79 and 115. Hafiz Tariq Naseem for the State Date of hearing: 19th February, 1984. JUDGMENT A.O. RAZIUR RAHMAN (MEMBER).-- The facts relevant to the disposal of this appeal are that the appellant was a member of the Federal Secruity Force at the time the said force was disbanded on the repeal of the F.S.F. Act, 1973 on 1-12-1977. As a result of the disbandment all the rights, assets, liabilities and obligations of the force were…

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