ANWAR PARVEZ Versus CHAIRMAN, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, ABBOTTABAD

SARDAR MUHAMMAD RAZA KHAN, J. --- Anwar Parvez, a former Assistant, Board of Intermediate and Secondary Education, Abbottabad seeks leave to appeal against the order dated 9-12-2003 of the learned N.-W.F.P. Service Tribunal whereby his appeal against compulsory retirement from service was dismissed in limine on the ground that under section 2(b) of the N.-W.F.P. Civil Servants Act, 1973, he being an employee of the Board, was not a civil servant.

2. We have heard Mr. Khushdil Khan, learned counsel for the petitioner and Malik Manzoor Hussain, learned counsel for the respondents. The compulsory retirement was ordered under section 3 of N.-W.F.P. Removal from Service (Special Powers) Ordinance, 2000. Section 10 thereof, dealing with appeals, categorically lays down that notwithstanding anything contained in any other law for the time being in force, any person aggrieved by any final order shall prefer an appeal to the Service Tribunal established under N.-W.F.P. Service Tribunals Act, 1974. This law being the latest special law has provided a forum of appeal to anyone who is proceeded against under the Ordinance of 2000. Hence, we hold that the appeal was competent before the Tribunal which was wrongly dismissed. Consequently, the petition after conversion into appeal is accepted and the case is remanded to the N.-W.F.P. Servicel Tribunal for decision on merits.

M.B.A./A-265/S Case remanded.