1989SCMR1962 (PLP)

MUHAMMAD HALEEM, C. J.‑‑In this petition notice was ordered to issue to respondents as a short question of law was involved whether the High Court was correct in ordering that the writ petition had abated in view of section 8 of the Punjab Service Tribunals Act (IX of 1974) promulgated on 20th of June, 1974, as by the proviso to that section an appeal lay to the Punjab Service Tribunal established under section 3 of the Act. Before the promulgation of this Act, the Punjab Admin1strative Tribunals Ordinance, 1974 (Ordinance V of 1974), was promulgated on 1st of April, 1974, which also contained the provision of abatement and of seeking remedy by way of an appeal before the Service Tribunal. However, in the Act, clause (c) of the proviso to subsection (1) of section 4 enacted: "no appeal shall lie to the Tribunal against an order or decision of a departmental authority made at any time before the 1st July, 1969." The Service Tribunal was established in July, 1974, as would appear from the judgment of the High Court at page 24 while the order of abatement was passed by the High Court on 2nd of August, 1974. The petitioner filed an appeal before the Tribunal on 24th July, 1976, which held it to be incompetent as the appellant was debarred from claiming any relief against an order passed before the 1st of July, 1969. Being aggrieved he filed this petition for leave to appeal. The petitioner was a Typ1st in the office of the Deputy Commissioner, Sialkot. He was charge‑sheeted for being absent without leave for the period from 8‑9‑1965 to 21‑9‑1965, and in spite of his explanation having been rendered for his absence, it was not accepted, and the Enquiry Officer held him guilty and he was compulsorily retired from service by the competent authority. He represented to the Member Board of Revenue, but failed to get any relief from him. Thereupon he filed writ petition No. 1132/ S/1.968 to challenge his illegal retirement from service which, as aforestated, was held to have abated. In the Ordinance V of 1974 clause (c) of the proviso to subsection (1) of section 4 of the Punjab Service Tribunals Act, 1974, did not find any mention, but when the order dated 2‑8‑1974 was passed by the High Court, it was enacted in the Punjab Service Tribunals Act which came into force on 20‑6‑1974. The High Court failed to take notice of this clause before passing the order of abatement as the order challenged was not governed by section 8 which on its own language included only those matters in which there was the remedy of an appeal available to the aggrieved party. In this view of the matter, the High Court was in error to pass the impugned order in disregard of the proviso (c) of sub‑section (1) of section 4 and section 8 of the Punjab Service Tribunals Act, 1974. We would, accordingly, convert this petition into an appeal, and set aside the order of the High Court dated 2nd August, 1974 and remand the case to the High Court for deciding the writ petition on merits, in accordance with law. There will be no order as to costs. A.A./N‑184/S Case remanded.