Law:

Section:

(a) Constitution of Pakistan (1973)-----Art.212---Leave to appeal was granted to examine, whether Service Tribunal had not misconstrued the facts by treating the appeal before it as a review petition against its of earlier date. (b) Balochistan Local Government Rural Development and Agrovilles Department Service Rules, 1980--- ---R.8(5)---Termination of service---Service Tribunal on appeal of civil servant directed the Government to adjust appellant in B.16 if he was not adjusted in B.17---Civil Servant was adjusted in B.16 whereupon civil servant claimed adjustment in B.17 and filed second appeal before service Tribunal, which disposed-of appeal by observing that order of Tribunal permitted the Government to adjust him in any case in B.16 if not in B.17 and if he wanted a modification in that' order, it would amount to a review which was not permitted---Held: Government having implemented the operative part of the Service Tribunal's order it could not be said to have contravened it---Civil Servant, being ad hoc appointee of the post of B.17, could not claim as a legal right to continue on ad hoc appointment---Service Tribunal's view that it had no power to examine the merits of its earlier order because it would amount to review, was sound and correct. (c) Civil service--- --- Plea of discrimination raised by civil servant after decision of Service Tribunal---Effect---As regards plea of discrimination, full facts were not brought before the Service Tribunal nor was it mentioned in the ---Parties to whom alleged discrimination refers were not impleaded---Plea of discrimination had in fact been taken up after the decision of Service Tribunal and involved question of fact which it was not possible to deal with at the appellate stage as also it was outside the purview of the leave granting order. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal. was granted to the appellant under Article 212(3) of the Constitution to examine whether the Service Tribunal had not misconstrued the facts by treating the appeal before it as a review petition against its judgment dated 18-2-1984. 2. The appellant Qudratullah had been regularly appointed to the post of Development Officer…

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