- S. 4 of the Service Tribunals Act and section 44 of the Interim Constitution Act, 1974 — All orders whether they have been passed with jurisdiction or without jurisdiction are appealable to the Service Tribunal — Once the jurisdiction is barred either implicitly or impliedly, particularly by constitutional provision, the ouster clause becomes absolute and any departure and deviation from it is not permissible under law. — It will be futile to say that when an order is void or is mala fide or is in the nature of coram non judice the High Court can entertain a writ petition, even though the matter is within the jurisdiction of the Service Tribunal set up under the relevant law. Muhammad Latif v. Sarwar Hussain & others 1995 SCR 171 (A)
- The Service Tribunal is possessed with powers which are much wider than those exercisable by the High Court under the supervisory jurisdiction which are limited in nature and relief can be granted only if the order passed suffers from such a patent illegality that it can be called an order without lawful authority and of no legal effect. The Service Tribunal can set aside or vary an order passed by any departmental authority on entirely different grounds which admittedly cover wider range — Similarly the questions of fact can rarely be gone into by the High Court which are open to adjudication by the Service Tribunal-The jurisdiction of the High Court stands totally ousted and a writ petition cannot be entertained. M. Latif v. Sarwar H. 1995 SCR 171 (B) 1993 SCR 259, PLD 1991 SC (AJ&K) 5, Azad Govt. vs. Sardar Pervaiz (Civil appeal No. 39 of 1993 decided on 12.1.1993), Azad Govt. Vs. Ch. M. Aslam (Civil appeal No. 53 of 1993 decided on 13.10.1993, Azad Govt. Vs. Raja Sultan Zumard, (Civil appeal No. 48 of 1993 decided on 16.10.1993), Azad Govt. Vs. M. Hameed Mughal (Civil appeal No. 56 of 1993 decided on 27.12.1993) relied.
- —The appellant through writ petition sought a direction to the official respondents for his appointment as driver—against 20% quota reserved for the departmental employees. The learned High Court dismissed the writ petition on the ground that the matter pertains to the terms and conditions of the service of the appellant—he should have approached the service Tribunal—Held a person who is not in service, cannot approach the Service Tribunal because the right of appeal before the Service Tribunal is available only to the civil servant. Syed Shafaqat Hussain Shah v. Chief Administrator Zakat & others 2017 SCR 1041 (A) PLD 1997 SC 382 and 2003 PLC (C.S) 743 rel.
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