Law:

Section:

(a) Sind Civil Servants Act (XIV of 1973)----- ---S. 4--Sind Service Tribunals Act (XV of 1973), S.4--Terms and conditions of service--Remedy for civil servant--Civil servant, aggrieved by any final order, whether original or appellate made by departmental authority in respect of terms and conditions of service, held, would be required to file appeal before Service Tribunal within thirty days of communication of such order. Province of Punjab v Sayed Bashir Ahmed Bukhari P L D 1982 S C 27 ref.; (b) Sind Service Tribunals Act (XV of 1973)--- ---S. 4--Entitlement to particular post--Jurisdiction of Service Tribunal, determination of--Jurisdiction of Service Tribunal, held, would be barred in respect of a decision holding that particular person is not entitled to particular post or to be promoted to higher grade--Where rules relating to promotion were changed and vires of such rules was involved, Service Tribunal would have jurisdiction. Iqan Ahmed Khurram v. Government of Pakistan and others P L D= 1980 S C 153 and Muhammad Hashim Khan and others v. Province of Baluchistan and others P L D 1976 Quetta 59 rel. (c) Privately Managed Schools and Colleges (Taking Over) Regulation, 1972 [M.L.R. 118] ---Para. 7(2)--Constitution of Pakistan (1973), ' Art.199--Sind Government Notification No.OSD (HE) 1/482-74, dated 1-2-1978--Effect of Notification between Government cadre and nationalized cadre-­Jurisdiction to adjudicate--Sind Government Notification dated 1-2-1978 being a policy decision affecting guarantee as to terms and conditions of service contained in para. 7 (2) of M.L.R. 118, Service Tribunal, held, would be competent to adjudicate in such matter--Constitutional diction in respect thereof, would not be maintainable. Khalid M. Ishaque for Petitioners. Abdul Sattar Shaikh and Manzoor Ali Khan for Respondents. Date of hearing: 18th March, 1985. JUDGMENT AJMAL MIAN, J.--The petitioners, who are nine in number, have prayed for the following reliefs through this petition:- (i) to declare that Notification No.OSD (HE) 1/42-74, dated 1-2-1978 to the extent it violates para. 7 (2) of M.L.R. 118, has been issued without lawful authority and is of no legal effect; (ii)…

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