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MUHAMMAD AHMAD versus FEDERATION OF PAKISTAN


Article 185 (3) Article 212 reads (3) Serviceable services are considered by the Administrative Courts and Tribunals Service Tribunal, which does not allow the applicant to avail himself of his previous service. Does not include any important questions related to the law of the United States and is thus a prerequisite under Article. 212 (3), leave to appeal [civil service] denial,

1976 S C M R 358

Present: Salahuddin Ahmed and Muhammad Gul, JJ

MUHAMMAD FIRDAUS‑Petitioner

versus

THE FEDERATION OF PAKISTAN THROUGH THE

SECRETARY, PRIME MINISTER'S SECRETARIAT

(PUBLIC), PRIME MINISTER'S HOUSE, RAWALPINDI‑ Respondent

Civil Petition for Special Leave to Appeal No. 148‑R of 1975, decided on 26th November 1975.

(On appeal from the judgment and order dated 17‑3‑1975 in Appeal No. 58(R) of 1975).

Constitution of Pakistan (1973)‑ --

‑‑ Art. 185(3) read with Art. 212(3)‑Service matters cognizable by Administrative Courts and Tribunals‑Service Tribunal declining to allow petitioner advantage of his previous service‑Matter not involving "a substantial question of law of public importance" and such being an essential condition under Art. 212(3), leave to appeal refused.‑[Civil service],.

Noor Ahmad Noori, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing : 26th November 1975.

JUDGMENT

MUHAMMAD GUL, J.‑

The petitioner who is employed as Stenographer in the Prime Minister's Secretariat (Public) as froth 4‑4‑1973 feels aggrieved by the order of the Service Tribunal Islamabad dated 17‑3:1975 in appeal No. 58 (R)/75 whereby the Tribunal declined to allow tile advantage of his previous service in. terms of the Establishment Division OM ,No. 6/15/48.

M.E. dated 31‑3‑1951, prior to his appointment as Stenographer in the Prime Ministers Secretariat. On the examination of the record, the Tribunal found that the petitioner was appointed as Stenographer in the Prime Minister's Secretariat on his own request and had the option to refuse the appointment and therefore his previous service elsewhere in other departments cannot count towards the seniority as Stenographer in the Prime Minister's Secretariat.

We have heard the learned Advocate‑on‑Record for the petition and we do not think that the case involves a substantial question of law of public importance which is an essential condition under clause (3) of Article 212 of the Constitution for grant of leave.

The petition is accordingly dismissed.

Petition dismissed.

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