Law:

Section:

(a) Sind Service Tribunals Act (I of 1973)-- ---S. 4--Civil servant--Compulsory retirement in breach of terms of service-­Jurisdiction of Tribunal--Such matter would be amenable to jurisdiction of Service Tribunal. (b) Martial Law Orders, 1977 (C.M.L.A.'s)-- --- No. 23, para. 3--Review of cases of civil servants compulsorily removed from service between first day of January 1972 and fifth day of July 1977--Review when to be competent--Person whose appeal or petition was pending before Service Tribunal, he, upon withdrawal of such appeal/petition, could file a review petition under Martial Law Order No. 23--Though option was given to such persons to withdraw the appeal and file review petition, yet there was no provision in Martial Law Order 23 obliging person concerned to withdraw the appeal, which was competently filed and to file review petition in place of such appeal. (c) Sind Service Tribunals Act (I of 1973)-- ---S. 4--Martial Law Orders, 1977 (C.M.L.A.'s) No. 23, Para. 3--Remedy of appeal provided under Sind Service Tribunals Act whether substituted by remedy provided under Martial Law Order No. 23--No inference can be drawn from the language used in M.L.O. 23 that remedy of appeal provided under Act I of 1973 had been substituted by remedy of review as provided under Martial Law Order No. 23. (d) Constitution of Pakistan (1973)-- ---Art. 212(3)--Sind Service Tribunals Act (I of 1973), S. 4--Martial Law Orders 1977 (C.M.L.A.'s) No. 23, Para. 3--Civil servant--Appeal against compulsory retirement before Service Tribunal--Constitutional jurisdiction of High Court-­Limitations in service matter--Withdrawal of appeal from Service Tribunal and filing of review petition under provisions of M.L.R. 23--Jurisdiction of High Court against dismissal of review petition--High Court having no jurisdiction originally-, in view of Art. 212 of the Constitution against service matters, which was covered by Service Tribunals Act, it would not acquire jurisdiction merely because of the fact that petitioner had the option either to withdraw the appeal and to file a review petition or to prosecute his appeal before Service Tribunal, and that he opted for the former…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492