Law:

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Punjab Service Tribunals Act (IX or 1974)-S. 8--West Pakistan General Clauses Act (IV of 1956), S.4--Constitution of Pakistan (1973), Arts.212(3) & 264--Civil servant challenged his seniority as own in the seniority and gradation list--Civil servant's appeal having been ejected by the defunct-Punjab Civil Services Appellate Tribunal, he filed appeal before Punjab Service Tribunal under S.8 of Punjab Service Tribunals Act, 1974, which was rejected--Service Tribunal while dismissing the appeal observed that he subject-matter of the appeal decided by the defunct-Appellate Tribunal and he one before it involved the same legal points as also identical facts--Petitioner's lea that his right of appeal was based on S. 8 of the Ordinance V of 1974 was so rejected for the reasons that the orders of the defunct-Tribunal were noticed by Art. 264 of the Constitution as also by S.4 of West Pakistan General louses Act, 1956--Legality--Question as to the maintainability of appeal under S. of the Act IX of 1974 from the order of defunct-Tribunal stood finally settled by he of Supreme Court in W.C. Austin's case reported as 1981 S C M R 54, wherein it was held that the matter decided by the Civil Services Appellate Tribunal before the promulgation of the Punjab Service Tribunals Act, 1974, assumed finality under S.10(4), and to all intents and purposes determination became a past and closed transaction which could not be re-agitated either before he Service Tribunal or under the writ jurisdiction of the High Court--Petition for cave to appeal being devoid of merit, was dismissed. S. A. Rizvi v. Pakistan Atomic Energy Commission and another 986 S C M R 965; S. Sarwat Haider and another v. Central Board of Revenue 987 S C M R 899 and W. C. Austin v. Punjab Service Tribunal and others 981 S C M R 554 ref. ORDER NAIMUDDIN, J.--The petitioner seeks leave to appeal from the order passed by the Punjab Service Tribunal dated 5-3-1981 passed on Appeal No.89/230 of 1974 filed under Section 8 of the Punjab Administrative Tribunals Act, 1974, (hereinafter called the Act). The appeal was from the order dated 15-3-1971 passed by the defunct-Civil Services Tribunal against the seniority…

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