PESHAWAR: The Peshawar High Court on Tuesday issued a notice to the provincial advocate general seeking their response to a petition against a provision of the KP Service Tribunal Act, 1974, regarding the filing of appeals with the service tribunal.

A bench consisting of Justice Mohammad Nasir Mahfooz and Justice Syed Arshad Ali observed that as the provision of a law was challenged before it, it was necessary under the Code of Civil Procedure to issue notice to the advocate general for response.

The development came after the court heard preliminary arguments of petitioner Ali Azim Afridi, a lawyer.

The petitioner requested the court to declare Section 4(a) of that act unconstitutional to the extent of the 90 days bar for an aggrieved government employee to approach the tribunal. Respondents in the petition are the provincial government through the chief secretary, and provincial law secretary.

Lawyer had moved PHC against law’s provision regarding filing of pleas with tribunal

The petitioner contended that under the impugned provision of the act in which an appeal, review or representation to a departmental authority was provided, no appeal would lie to a tribunal unless the aggrieved civil servant had preferred an appeal or application for review or representation to such departmental authority and a period of 90 days had elapsed from the date on which such appeal, application or representation was filed.

He said the impugned provision affected timely resolution of the grievances of government employees by placing a bar of 90 days during which he couldn’t approach the tribunal.

The petitioner said the Constitution provided for the establishment of administrative courts or tribunals to exercise exclusive jurisdiction in respect of matters relating to the terms and conditions of persons, who were or had been, in the service of Pakistan, including disciplinary matters.

He said the Constitution safeguarded fundamental rights by allowing citizenry to make recourse to constitutional courts in case those rights were put at stake resulting from introduction of any law.

The petitioner said the Constitution allowed the constitutional courts to declare laws inconsistent with or in derogation of fundamental rights to be void.

He said the KP Service Tribunal Act, 1974, was enacted to provide for the establishment of service tribunals to exercise jurisdiction in respect of matters relating to the terms and conditions of service of civil servants.

The petitioner added that for giving effect to the same, the law provided for the appointment of a chairman being a person, who was or had been or was qualified to be judge of high court, and four members, including two from among district and sessions judges and two from among civil servants in BPS-20 and above.

He said the service tribunal decided issues wherein the provincial government or executive was necessary party in almost every single matter brought before it.

He added that it was the duty of the judiciary to examine vires of legislation on the touchstone of the Constitution.

Published in Dawn, December 23rd, 2020