Law:

Section:

Per Muhammad Ismail, Member and Abdul Razzaq A. Thahim, Chairman, agreeing-- (a) Service Tribunals Act (LXX of 1973)--- ----S. 4(1)(b)---Appeal before Service Tribunal---Competency---Civil servant was initially allocated to Police Service on basis of his merit position in the C.S.S. competitive examination---Civil servant, on availability of some vacancies in Customs and Excise Group was subsequently offered post of Assistant Collector in Customs and Excise Group, keeping in view his preference for that group and was appointed as such by Competent Authority---Such appointment was a decision, determining fitness of civil servant for appointment to a particular post/group and, thus, Service Tribunal had no jurisdiction to entertain civil servant's appeal as the same was hit by S. 4(1)(b), Service Tribunals Act, 1973---Appeal, not being against any final order of departmental authority was also not competent. Per Ch. Hasan Nawaz, Member--Contra-- (b) Service Tribunals Act (LXX of 1973)--- ----S. 4(1)---Appeal---Competency---Civil servant having been allocated specific group, accepted terms and conditions thereof, and joined Civil Service Academy for training---Memorandum of appeal filed by civil servant did not disclose any order whether original or Appellate made by departmental authority in respect of any of the terms and conditions of his service by which he felt aggrieved---Civil servant had also not contended that there was any violation of the terms and conditions of his service---Civil servant, therefore, could not invoke jurisdiction of Service Tribunal in terms of S.4(1), Service Tribunal Act, 1973. Per Ch. Hasan Nawaz, Member---Contra--- (c) Civil service-- ---- Appointment to specific group---Such appointment was based on advice tendered by Public Service Commission---Civil servant's claim for appointment to a specific service having not been recommended by Public Service Commission, would not entitle him to that particular post. Per Ch. Hasan Nawaz, Member---Contra--- (d) Civil Servants (Appeal) Rules, 1977--- ----R. 5(4), proviso 2---Appeal---Competency---Departmental appeal filed by civil servant beyond prescribed period of limitation before Service…

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