ORDER Muhammad Daud Khaw (Chairman!.--To deny him rights, accruing from judgment and decree of Lahore High Court dated 19-4-1973, this appeal has been filed against Lt.-Col. Ibne Hassan by Government of Pakistan through its Secretary Establishment Division Islamabad. 2.
Preliminary point determinable is as to jurisdiction. There are two -specific objections on that count. First objection is that appeal only lies against issues involved and not against any final order of a Civil Court. The second objection--more cogent, is whether a controversy prior in date to lst July 1969, falls within the purview of section 6 or not. It is contended that section 4 does not govern section 6 and so the amendment therein has no impact on generality of section 6. The point of view, however, is not acceptable in view of PLD 1974 SC 291. Distinction between a civil servant and, Government being drawn by the counsel to get out of the application of section 4 has no foundation. Supreme Court having laid down that controversies earlier than the prescribed date are not entertainable by the Service Tribunal leaves no substance in the argument.
3. Besides the above two points present appeal was decided by the High Court on 19th April 1973, while the Service Tribunals Ordinance came into force on 15th of August 1973. This Ordinance did not give any right of appeal to the Government. Subsequent Act enforced on 29th of September 1973 creates such a right but only in case of suits, appeals or applications pending before any Court on that date. There being no appeal] pending on the date, section 6 has no application. Under section 4, the onlyp applicable section in the case, the right of appeal does not vest in the Government. The appeal, therefore, cannot be entertained and as such is dismissed.