Service Tribunal

  1. Though certain unnecessary restrictions and technicalities are attached to the exercise of powers by the Service Tribunal, yet these powers are much wider than the powers of High Court which it may exercise in writ jurisdiction. Accountant General v. Zaman Hussain Khan 1993 SCR 259 (F)
  2. Creation of supernumerary post — Service tribunal, instead, of directing the concerned authority to send the names of both, Dr. Zafar Ahmad and Dr.Shabbir Ahmad, to the selection Board issued a direction in terms that a supernumerary post should be created on which Dr. Zafar Ahmad should be promoted from 26.12.1996 — The learned counsel for the parties agree that there is no provision in law for the time being in force empowering the Service Tribunal to issue such direction. Zafar Ahmad Khan v. Azad Govt. and 4 others 2002 SCR 247 (B)
  3. Service Tribunal had no jurisdictional competence to prescribe any qualification for any post or to direct the authority for doing so. Syed Saleem H. Kazmi v. Azad Govt. 2005 SCR 259 (D)
  4. Appeals before Service Tribunal cannot either way be decided by a single member — Case remanded. Aziz-ur-Rehman  v. Health Department & 5 others 2007 SCR 452 (A)
  5. The Tribunal has no suo motu power to issue any direction or pass any order after coming to the conclusion that the appeal filed before it is not maintainable. Abdul Qayyum Durrani v. Legislative Assembly & 4 others 2007 SCR 250 (C)
  6. Determination of fitness — Appeal to the Service Tribunal does not lie against an order or decision of a departmental authority determining the fitness or otherwise of a person to be appointed or to hold a particular post or to be promoted to a higher grade. Dr. Abdul Ghaffar Sulehria v. Azad Govt. & 4 others 2008 SCR 230 (H)
  7. Powers and jurisdiction of — The Service Tribunal is not vested with the powers to issue a writ of quo warrantto rather it has only the powers to look into the validity of order impugned before it in an appeal — Before the Service Tribunal the promotion order dated 12.10.2002 is challenged — Held: The Service Tribunal can confirm, set aside, vary or modify the order appealed against. Shafique Ahmed v. The Hon’ble Chief Justice AJ&K High Court & others 2010 SCR 522 (C)
  8. Its powers — Service Tribunal is deemed to have vested with the same powers as are vested in the Civil Court under CPC if deems necessary can add a person as party even without application of the contestant parties. Samina Kabir v. Shamim Akhtar & 7 others 2014 SCR 223 (D)
  9. Jurisdiction, functions & powers of — The appeal admitted for regular hearing on the ground that some legal points are involved but decision on stay order application was declined — On the ground that status quo order by the High Court on a writ petition is already issued — The matter raised before the Service Tribunal relates to the terms and conditions of service of a civil servant — When the appeal has been admitted for regular hearing then held: it is the duty of the Service Tribunal to decide the stay order application — It is noted in some cases that  Service Tribunal decided the stay order applications despite the fact that the High Court has issued the status quo order on the ground that the Service Tribunal has jurisdiction to entertain the appeals relating to the terms and conditions of service while in some cases the Service Tribunal declined to hear the cases–Further held: such pick and choose method cannot be adopted by the Service Tribunal. The Service Tribunal has to apply the law correctly. Syeda Zanib-un-Nisa v.  District Education Officer 2015 SCR 1246 (B)
error: Content is protected !!