' NASRULLAH KHAN ACHAKZAI (CHAIRMAN).--- The appellant has preferred the instant appeal against order dated 20-12-2004 passed by Director Social Welfare, Directorate of Social Welfare Women Division Special Education Government of Balochistan whereby the appointment order of appellant dated 14-12-2003 has been withdrawn with immediate effect, with a prayer to set aside impugned order dated 20-12-2004, and reinstate the appellant with back benefits.
2. Facts as stated by appellant are that the appellant was appointed on 16th August 2003 as Auxiliary Worker in BPS-6 in Social Welfare Women Development and Special Education Department Government of Balochistan posted at Dhadar where he joined the service, the Director Social Welfare respondent No,2 appointed another person namely Junaid Khan s/o Mirza Khan on another post, on which D.C.O Bolan raised objection on which the E.D.O. Community Development Social Welfare terminated the above said person as well as the appellant from service on 14-12- 2003. After termination the appellant approached the higher authorities with a request that he is the sole breadwinner of his family. The Secretary Social Welfare Government of Balochistan ordered DCO Bolan for cancellation of termination order. On the basis of which appellant was reinstated, later on 20-12-2004 the appellant was again terminated (impugned in the instant appeal).
3. The appellant preferred appeal before Provincial Ombudsman, who after hearing the appellant and concerned department allowed the appeal and directed the department to reinstate the appellant and post him at Dadhar vide Judgment dated 24-6-2009. The respondent department filed representation before Governor of Balochistan. After hearing the parties the Worthy Governor of Balochistan vide Judgment dated 20-4-2011 had set aside the Judgment of Provincial Ombudsman dated 24-6-2009 with direction to the appellant to approach Balochistan Service Tribunal for rederssal of his grievance. Thus the appellant have filed the instant appeal before this Tribunal.
4. The respondent No,2 has filed his objections, on the appeal and stated that appellant was appointed on temporary basis and his appointment order was terminable at any time. Director Social Welfare Balochistan was empowered to withdraw appointment order dated 14-12-2003.
5. We have heard the learned counsel for appellant Mr. Ali Hassan Bugti and learned Assistant Advocate General Mr. Naseer Ahmed Bangulzai as well as perused the record, case-law referred by learned counsel for appellant 2011 PLC (C.S.) Page 526 titled Gohram Soomro v. Secretary Ministry of Education. The first legal point involved in this appeal is that after termination order dated 20-4- 2004 the appellant has not filed departmental appeal before the appellate authority as contemplated by Proviso (a) of Section 4 of Balochistan Service Tribunals Act, 1974 which is reproduced below for ready reference:- "4. Appeals to Tribunals. Any Civil Servant aggrieved by any final order, whether original or appellate, made by departmental authority in respect of any of the terms and conditions of his service may, within thirty days of the communication of such order to him, prefer an appeal to the Tribunal having jurisdiction in the matter: Provided that---
(a) where an appeal, review or representation to a -departmental authority is provided under any law or any rules against any such order, no appeal shall lie to a Tribunal unless the aggrieved civil servant has preferred an appeal or application for review or representation to such departmental authority and a period of ninety days has elapsed from the date on which such appeal, application or representation was so preferred; and"
6.From the perusal of above section it is quite clear that an appeal before this Tribunal is maintainable only after complying with the mandatory conditions stated in section 4 Proviso (a). It is admitted position that appellant has not filed any departmental appeal against the impugned order dated 20-4-2004 and even after the order of Governor Balochistan dated 20-4-2011. The case-law referred by the counsel of appellant is not applicable thus direct appeal before this Tribunal is not maintainable. The same is dismissed on the reasons given above with nor order as to costs, file after completion be consigned to record.
HBT/13/BST .