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Civil Petition No. 19.1‑R of 1984, decided on 16th March, 1985.

(On appeal from the judgment dated 10‑4‑1984 of the Federal Service Tribunal in Appeal No.167(R) of 1982).

‑‑‑Art. 212‑‑Service Tribunals Act (LXX of 1973), S.5(1)‑‑Order of posting of civil servant found contrary to rules‑‑Federal Service Tribunal issuing directive to decide case on merits challenged‑‑Findings of Tribunal being based on correct reading of relevant Rules, held, not open to interference‑‑Leave to appeal refused.

Sadiq Warraich, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing: 16th March, 1985.

According to the office report this petition is barred by 19 days. However, for the reasons given in the application for condonation of delay, the delay is condoned and the petition taken up on the_ merits.

The petitioner herein (Siraj‑ul‑Haq) has questioned the order of the Federal Service Tribunal Islamabad dated 10‑4‑1984, whereby it found the order of the Director‑General, T & T, Islamabed dated 10‑1‑1982 posting the petitioner herein (Siraj‑ul‑Haq) as Assistant Director (Director) under the General Manager, Islamabad Telecommunica tion Region, Islamabad to be contrary to the rules, illegal and inoperative and issued a direction that the case of Abdur Rashid (respondent No. herein) be considered and decided on merit.

We have heard Mr. Sadiq Warraich, learned counsel for the A petitioner, at some length and are of the opinion that the finding of the Service Tribunal that the order dated 10‑1‑1982 posting Siraj‑ul‑HaG as Director (Directory) was violative of the rules is based on a correct reading of the relevant rules. This case, therefore, is not a fit one for. interference.

M. I. Petition dismissed.

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