Law:

Section:

Constitution of Pakistan (1973)-------Arts. 212(3) & 199----Civil servant's retirement on completion of 25 years' service---Civil servant's appeal to Service Tribunal had been dismissed---Civil servant claimed to have filed petition for leave to appeal in the Supreme Court, but the same, as per his allegation, was not entertained on account of bar imposed under the Provisional Constitution Order, 1981---Civil servant started second round, after lifting of Martial Law, by filing a Constitutional petition in High Court which was dismissed---Leave to appeal---Contention raised was that earlier order passed by Authority retiring civil servant was a nullity because of having been passed by an officer who was not competent to pass such an order--­Held: Ground raised on behalf of petitioner as to the incompetence of Authority passing the order of retirement was available to petitioner even within the framework of Provisional Constitution Order, 1981, because completion of twenty-five years' service and an order by the competent authority were sine qua non for assuming jurisdiction and for dealing with the officer under those powers---Such matter should have been raised before Service Tribunal and should have been brought to Supreme Court under Art. 212(3) of the Constitution---That having not been done, inter partes decision of Service Tribunal precluded the revival of proceedings in constitutional jurisdiction or otherwise---No case having been made out, leave to appeal was refused. JUDGMENT SHAFIUR RAHMAN, J.---The Petitioner, a civil servant retired on attaining the age of twenty-five years on 5-6-1980, seeks leave to appeal against the judgment of the Lahore High Court dated 9-4-1986 whereby his challenge for the second time to the retirement order was not entertained. 2. In the first round on having been retired the Petitioner had appealed to the Service Tribunal which had dismissed his appeal on 13-12-1982. He claims to have filed a petition…

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