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MUHAMMAD SAEED QURESHI versus ISLAMIC REPUBLIC OF PAKISTAN


Article 212 Service Tribunals Act (LXX of 1973), section 4, should be allowed to consider the question of whether the defendant should not return there and future benefits after the defendant was named in 1972. Was justified and also whether the service tribunal was justified in dismissing the civil servants \ Appeal status is not maintained as the order of the department was approved before 1969.

1984 S C M R 183

Present: Aslam Riaz Hussain, Abdul Kadir Shaikh and M. S. H. Quraishi, JJ

MUHAMMAD SAEED QURESHI AND OTHERS‑‑‑Appellants

Versus

ISLAMIC REPUBLIC OF PAKISTAN AND OTHERS‑‑‑Respondents

Civil Appeal No. 125 of 1981, decided, on 11th May. 1983.

(On appeal from the judgment of Federal Service Tribunal, Camp at Lahore dated 15‑4‑1980 in Appeal No. 200(L) of 1978).

(a) Constitution of Pakistan (1973)‑--

--Art. 212‑Service Tribunals Act (LXX of 1973), S.4‑Leave to appeal granted to consider question whether after having designated civil servants in 1972 defendant was justified in not giving there back and future benefits and also whether Service Tribunal was justifies in dismissing civil servants' appeal as not maintainable because depart ment's order was passed before year 1969.

(b) Service Tribunals Act (LXX of 1973)

‑‑‑ S. 4‑‑Grievance of civil servant relating to denial of pay according to pay scales revised under rules framed during year 1949‑Service Tribunal, held, rightly dismissed appeal filed by civil servant as not maintainable for the reason that decision in question was made before 1969 and also because appeal even otherwise was time‑barred.

Ch. Muhammad Hassain, Advocate Supreme Court and Rana Maqbool Ahmad Qadri. Advocate‑on‑Record for Appellants.

Muhammad Ismail Bhatti, Senior Advocate Supreme Court and .S. Inayat Hussain, Advocate‑on‑Record for Respondents.

Date of hearing: 11th May, 1983.

ORDER

ABDUL KADIR SHAIKH, J.‑

Leave to appeal was granted in order to consider whether after having designated the petitioner as Upper Division Clerks in 1972 the Department was justified in not giving them back and future benefits, and also whether the Service Tribunal was justified in dismiss ing petitioners appeal as not maintainable because the impugned order was passed before the year 1969.

After having gone through the record of the case we find that the appellants grievance relates to the denial of the pay according to the pay scales revised under the rules framed in the year 1949. The Service Tribunal, therefore, rightly dismissed the appeal filed by the appellant as not maintainable for the reason that the decision in question was made before the year 1969 and also because the appeal even otherwise was lime‑barred.

For these reasons the order granting leave to appeal is recalled and the petition is dismissed.

M. Z. M. Petition dismissed.

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