ABDUL BARI versus GOVT. OF PAKISTAN
Section 4 (1), read with the proviso (b) Civil Servants Act (LXXI of 1973), section 13 (ii) retirement jurisdiction of the service tribunal legislature, retirement under section 13 (ii) of the jurisdiction of the service tribunal. Could not delete order from Aid of retirement under section 13 (h) of the Civil Servants Act 1973 to examine the order of retirement under the provisions of clause (b) of section 4 (1) of the Service Tribunals Act 1973 Does not consider order. Whereas all other orders in relation to any terms and conditions of service exclude the scope of appeal of a public employee, exclude from the scope of appeal, correct, not valid and exempt from retirement order after 25 years. Order of retirement to a civil servant afterwards \ service eligible for pension or other retirement benefits, which appears in the jurisdiction of the service tribunal of the civil service dismissed by the High Court].
nto full face. We are; however, unable to undertake such an examination in the force of a binding decision of the Supreme Court upholding the validity of paragraph 2 (3) of C. M. L. A. Order 1 of 1977, the consequence of which is that the enforcement of the fundamental rights stands suspended. The other reason for not examining the question is that this matter cannot be raised by way of a collateral attack without offering a direct challenge to the validity of paragraph . (3) of the said Order.
17. For the aforesaid reasons, we have come to the conclusion that the answer to the first question referred to us as modified by this Bench is in the affirmative and the petitions which seek to challenge the orders of retirement under section 13 (ii) of the Civil Servants Act, 1973 are barred under Article 212 of the Constitution.
18. In view of the aforesaid answer to the first question, it is not necessary to decide the other two questions referred to this Bench.
19. Before parting with this case we would like to place on record our appreciations of the valuable assistance rendered to us by the learned Advocate General, Mr. Mohammad Ali Sayeed. and Mr. Manzoor Ali Khan as amirus curiae.
s. A. H. Reference answered accordingly.
