Case Details

Citation(s)
2001 SLG 1463 2001 SLD 1463 2001 SCMR 1239
Supreme Court of Pakistan
Civil Appeal No. 869 of 1996, decision dated: 24-05-2000. (On appeal from the judgment, dated 20-11-1994 of the Punjab Service Tribunal, Lahore, passed in Appeal No.643-A of 1991)
MUHAMMAD BASHIR, JEHANGIRI, ACTG. C.J. AND MUNIR A. SHEIKH, J
Salim Chaudhry, Advocate Supreme Court for Appellants.
Respondent in person

WAPDA and another

VS

ABDUL HAFEEZ KHAN

Law:

Section:

(a) Province of West Pakistan (Dissolution) Order (P.O. 1 of 1970) Art. 12(1)(c)Punjab Service Tribunals Act (IX of 1974). SA(i), proviso (b)Constitution of Pakistan (1973), Art.212(3)Punjab Service Tribunal, jurisdiction ofContention raised by the Authority was that the civil servant was employee of the Authority and was seeking relief in respect of a post to which he had been appointed by the Authority, the Provincial Service Tribunal had no jurisdiction to entertain his appeal; as such the judgment of the Tribunal was without jurisdictionFurther contention was that the Authority was competent to lay down conditions in the nature of qualifications for promotion to higher appointments and as the civil servant had not fulfilled the condition upon which he was promoted as Revenue Officer the Authority was competent to revert him to the post of Senior SuperintendentLeave to appeal was granted by Supreme Court to consider the contentions raised by the Authority. (b) Province of West Pakistan (Dissolution) `Order (P.O. 1 of 1970) Art.12(1)(c)Service Tribunals Act (LXX of 1973), S.4Employee of Provincial Government serving on deputation in WAPDAFederal Service Tribunal, jurisdiction ofValiditySuch employee, under the provisions of Art.12(1)(c) of Province of West Pakistan (Dissolution) Order (P.O.1 of 1970) ceased to be the employee of Provincial Government and had become the employee of WAPDA amenable to the jurisdiction of Federal Service Tribunal. (c) Province of West Pakistan (Dissolution) Order (P.O. 1 of 1970) Art.12(1)(c)Punjab Service Tribunals Act (IX of 1974), S. 4(i), proviso (b)Employee of Provincial Government serving on deputation in WAPDAProvincial Service Tribunal, jurisdiction ofTerms and conditions of serviceRefusal to grant higher gradeCivil servant was employee of Provincial Government but had been serving in WAPDA since 191959, on deputationAuthority refused to give him the higher grade­Appeal was filed before the Service Tribunal which was 'accepted­Contention the Authority was that the Provincial Service Tribunal had no jurisdiction to adjudicate the matter and it was only Federal Service Tribunal having the jurisdiction in the…
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