' SHAFIUR RAHMAN, J.---The Petitioner, a civil servant retired on attaining the age of twenty-five years on 5-6-1980, seeks leave to appeal against the judgment of the Lahore High Court dated 9- 4-1986 whereby his challenge for the second time to the retirement order was not entertained.
2. In the first round on having been retired the Petitioner had appealed to the Service Tribunal which had dismissed his appeal on 13-12-1982. He claims to have filed a petition for leave to appeal in the Supreme Court but the same, according to him, was not entertained on account of the bar imposed under the Provisional Constitution Order. After the lifting of the Martial Law, on 22-2-1986 he started the second round by filing a Constitution Petition in the High Court which has been dismissed by the High Court by the impugned Order.
3. Ch. Khalil-ur-Rehman, Senior Advocate, the learned counsel for the Petitioner urged that the earlier order passed by the Authority retiring the Petitioner was a nullity because it was passed by an Officer who was not competent to pass such an order. It is on that ground that he wanted to revive the controversy which otherwise appears to be settled by an inter partes decision of the Service Tribunal dated 13-12-1982.
4. The ground that the learned counsel for the Petitioner has now taken namely, the incompetence c f the authority passing the order of retirement was available to the Petitioner even within the framework of the Provisional Constitution Order, 1981 because the completion of twenty-five years service and an order by the competent authority were sine qua non for assuming jurisdiction and for dealing with the officer under those powers. This matter should have been raised before the Tribunal and should have been brought to this Court under Article 212(3) of the Constitution. That having not been done, the inter partes decision of the Service Tribunal dated 13-12-1982 precludes the revival of the proceedings in the constitutional jurisdiction or otherwise.
' No case is made out for leave to appeal and it is refused.