Law:

Section:

Service Tribunals Act (LXX of 1973)-------S.4---Appeal---Competency---Conditions precedent---Pre-requisites of filing appeal before Service Tribunal under S.4 of Service Tribunals Act, 1973 must be complied with which were firstly, that appellant must be proved to be a civil servant on the date when original or at least appellate order had been passed; secondly, that appellant had filed and exhausted departmental remedy, if there was no provision of appeal under Rules of particular organization, representation to higher Authority or application for review to same Authority was still available and without availing such remedy, appeal under S.4 of Service Tribunals Act, 1973 would not be competent; thirdly, if a departmental appeal had been filed and period of 90 days had not elapsed and departmental appeal had not been decided, in such a situation, also appeal would be premature and incompetent. Appellant in person (in Appeals Nos.2638, 2367, 2508 to 2510-K of 1997). Zamiruddin for Appellant (in Appeal No.2256-K of 1997). Amanullah Khan for Appellant (in Appeal No.2369-K of 1997). Muhammad Younis for Appellants (in Appeals Nos.2372 and 2373-K of 1997). Syed Mukhtar Ahmed for Appellant (in Appeal No.2627-K of 1997). Nishar Warsi for Appellants (in Appeals Nos.2368-K, 2370-K and 2371-K of 1997). Dates of hearing: 22nd and 24th December, 1997. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER)---In the background of all these appeals lies a process of Constitutional and statutory evolution stretching over quarter of century. The concept of administrative law was introduced for the first time in the Constitution of 1973. Prior thereto the normal Courts used to adjudicate upon the service grievances of the civil servants being the part of the normal civil litigation. The process consumed a considerable length of time whereby not only the grievances and agonies of civil servants were prolonged but the final adjudication used to place the civil servants as well as the departments in irreparable and some times, irreversible loss. Thus, in the Constitution of 1973, Article 212 provided for the establishment of Administrative Courts and Tribunals for the redressal of personal…

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