Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 4(1), Proviso (a)---Constitution of Pakistan (1973), Arts. 199 & 212---Constitutional petition---Petitioner seeking direction to the authorities to decide his Departmental appeal---Validity---Such direction could not be issued as S.4(1) read with proviso. (a) of Service Tribunals Act, 1973, had clearly stipulated that even appeal against original order was maintainable provided one preferred to a Departmental Authority had remained undecided for a period of 90 days---Petitioner was entitled to move Service Tribunal within 120 days from date he preferred a Departmental appeal---Alternate remedy was available to petitioner under law which had ousted jurisdiction of High Court under Art.212 of the Constitution---Constitutional petition could not be entertained, in circumstances. Ansari Abdul Latif for Petitioner. S. Hassan Azhar Rizvi, and Nadeem Azhar Siddiqui, DAG on Court notice for Respondents. Date of hearing: 20th April, 2005. ORDER SABIHUDDIN AHMED, C.J.---The matter apparently relates to terms and conditions of service - it is however, contended by learned counsel for the petitioner that the petitioner is only seeking, direction to the respondent to decide the petitioner's departmental appeal which was preferred in August, 1996, but remained undecided despite repeated reminders till 2003 when this petition was…

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