Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 8

Law:

Section: 2(1)(b)

Constitution of Pakistan (1973)----Art. 212(3)--Punjab Civil Servants Act (VIII of 1974), S.2(1)(b)-­Punjab Service Tribunals Act (IX of 1974), S. 8--Abatement of suit, appeals and applications--Appeal before Service Tribunal--Competency of--Suit for declaration relating to terms and conditions of service decreed in favour of respondent and appeals dismissed--Members of Local Council Service having been declared as civil servants, appeal filed by Government and pending before civil Court having been abated, Government filed appeal under S. 8, Service Tribunal Act, 1974 before Service Tribunal--Appeal dismissed as incompetent--Leave to appeal granted to consider contention that respondent became civil servant on 3-8-1978 as a result of amendment in Local Government Ordinance, 1979 and drat Service Tribunal, though already existing, came into existence for him on that date and thus appeal filed within specified period of 90 days thereafter was competent. ORDER ASLAM RIAZ HUSSAIN, J.--This petition is directed against the judgment of the Punjab Services Tribunal, dated 14-10-1982, dismissing the appeal against the respondent filed by the Government of Punjab. 2. Facts leading to this petition are, briefly, that the respondent who is a Member of the Local Council Service under the Local Government Ordinance, 1979, filed a suit on 3-1-1973 for declaration and consequential relief in the Court of the Senior Civil Judge, Gujrat, relating to the terms and conditions of service. The suit was decreed in plaintiff's favour on 18-3-1973. The defendant (petitioner before us) filed an appeal before the District Judge on 29-7-1975. Soon thereafter, on 3-8-1978, an amendment was made in the Local Government Ordinance, 1979, whereby Members of the Local Council Service be regarded as civil servants within the meaning of the Punjab Civil Servants Act, 1974. Thereafter, on 1-11-1978, the petitioner/ Government filed an appeal before the Punjab Services Tribunal. After six days on 7-11-1978 the Additional District Judge dismissed the earlier appeal filed by the Government before the District Judge. Then the Government filed a civil revision before the High Court which too was…

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