Law:

Section:

(a) Constitution of Pakistan (1973)Art. 212(3)Terms and conditions of serviceLeave to appeal was granted to examine question of first impression viz. whether in the facts of the case qualifications for appointment of Assistant Professor of Urology was a matter relating to terms and conditions of service within meaning of Art. 212 of the Constitution. (b) Punjab Service Tribunals Act (IX of 1974) S. 4Appeal before Service TribunalScope. Under section 4 of the Punjab Service Tribunals Act, 1974 appeal lies at the instance of an aggrieved civil servant before the Tribunal against the final order, whether original or appellate passed by a departmental authority in respect of any of the terms and conditions of his service including disciplinary matters, within 30 days of the communication of such order to him. However, no appeal is competent before the Tribunal against the order of a departmental authority determining fitness or otherwise of a person to be appointed or to hold a particular post or against the order imposing penalty except where the punishment awarded is dismissal, removal, reduction in rank or compulsory retirement from service. One of the jurisdictional requirements of such an appeal is, that it must be filed by a civil servant as, defined in the Act. Another jurisdictional requirement of such an appeal is, that the grievance of the aggrieved civil servant must relate to a final order of departmental authority whether original or appellate. (c) Constitution of Pakistan (1973) Art. 212Punjab Service Tribunals Act (IX of 1974), Ss. 2 & 4, proviso (b), (i) & (ii)Bar contained in Art. 212 of the Constitution when can be operative. In order to make a matter exclusively cognizable by a Tribunal under the Act, and to create an ouster of jurisdiction of all other Courts and Tribunals under Article 212 of the Constitution, it must be shown that the matter is agitated by a civil servant as defined under the Act, it has arisen from a final order of a departmental authority whether original or appellate, it concerns the terms and conditions of the aggrieved civil servant anti that it is not covered by the exceptions mentioned in proviso (b)(i) and (ii)…

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