Law:

Section:

(a) Punjab Service Tribunals Act (1X of 1974)-- --S. 4(1)(c)--Departmental order adversely affecting promotion of civil servant passed before specified date (1-7-1969)--Jurisdiction of Service Tribunal barred to hear appeal against such order--Section 4(1)(c) of Service Tribunals Act, 1974 envisages such exclusion from its purview. (b) Civil Procedure Code (V of 1908)-- ---Ss. 9 & 115--Punjab Service Tribunals Act (IX of 1974), S.4-­Departmental order adversely affecting promotion of civil servant-­Jurisdiction of Civil Court not barred in respect of such orders passed before 1-7-1969--Appeal by civil servant dismissed by District Judge was restored by High Court in exercise of revisional jurisdiction with direction to adjudicate same in accordance with law. Akhtar Ausaf Ali for Petitioner. Kamalud Din Mirza for Respondent. Date of hearing: 29th November, 1987. JUDGMENT A departmental order adversely affecting the promotion of the respondent was made on 26-4-1968. He made a departmental representation which was rejected through order dated 6-2-1969. He challenged the said orders through a declaratory suit. His suit was decreed ex parte vide order dated 3-4-1.973 by the learned Civil Judge, Lahore. This decree was challenged by the petitioner, the Province of Punjab, through an appeal which was disposed of by the learned Additional District Judge, Lahore, vide order dated 26-11-1974. It was held by him that in view of the provisions contained in the Punjab Service Tribunals Act, 1974, the appeal stood abated. He, therefore, advised the petitioner to seek remedy before the Tribunal set up thereunder, The petitioner has filed this revision petition to challenge the said appellate order. I have perused the record and have heard the learned counsel for the parties. 2. The Punjab Service Tribunals Act, 1974 (IX of 1974) took effect from 20-6-1974.…

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