1988 PLP (C (PLC(CS))

‑‑‑Ss. 9 & 115‑‑Punjab Service Tribunals Act (IX of 1974), S.4‑ Departmental order adversely affecting promotion of civil servant‑ Jurisdiction of Civil Court not barred in respect of such orders passed before 1‑7‑1969‑‑Appeal by civil servant dismissed by District Judge was restored by High Court in exercise of revisional jurisdiction with direction to adjudicate same in accordance with law. Akhtar Ausaf Ali for Petitioner. Kamalud Din Mirza for Respondent. Date of hearing: 29th November, 1987. A departmental order adversely affecting the promotion of the respondent was made on 26‑4‑1968. He made a departmental representation which was rejected through order dated 6‑2‑1969. He challenged the said orders through a declaratory suit. His suit was decreed ex parte vide order dated 3‑4‑1.973 by the learned Civil Judge, Lahore. This decree was challenged by the petitioner, the Province of Punjab, through an appeal which was disposed of by the learned Additional District Judge, Lahore, vide order dated 26‑11‑1974. It was held by him that in view of the provisions contained in the Punjab Service Tribunals Act, 1974, the appeal stood abated. He, therefore, advised the petitioner to seek remedy before the Tribunal set up thereunder, The petitioner has filed this revision petition to challenge the said appellate order. I have perused the record and have heard the learned counsel for the parties.

2. The Punjab Service Tribunals Act, 1974 (IX of 1974) took effect from 20‑6‑1974. Proviso (c) to subsection (1) of section 4 ibid provides that "no appeal shall lie to a Tribunal against an order or decision of a departmental authority made at any time before the 1st July, 1969". A similar matter came up for decision before the Honourable Supreme Court and in the case reported as Faizullah Khan v. Government of Pakistan P L D 1974 S.C. 291 it was held that if a departmental order had been passed before 1‑7‑1969 the same could not be challenged before a Service Tribunal. The law laid down therein applies to the case in hand on all fours. The said proviso (c) to subsection (1) of section 4 ibid is in itself very clear on the point. The same has excluded the cases from the purview of the Tribunal in which the departmental orders had been made before 1‑7‑1969. In the present case the original order was made on 26‑4‑1968 while the order on representation was made on 6‑2‑1969. Both these orders were as such made before 1‑7‑1969 and, therefore, stood excluded from the jurisdiction of the Tribunal, under proviso (c) to subsection (1) of section 4 ibid. Accordingly, the appeal did not stand abated.

3. The petition is, therefore, accepted and the appellate order is set aside. The appeal is remanded to the learned District Judge, Lahore. He may hear the same himself or may entrust the same to any Additional District Judge for disposal according to law. However, the case being very old, the appeal shall be disposed of within 3 months of the receipt of this order.

4. No order as to costs. A.A. /P‑29/L Case remanded.