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PAKISTAN RAILWAYS versus GHULAM SARWAR


Article 212 Civil Service Appeal Before the Service Tribunal Service Tribunal does not explicitly deal with the issue of whether the appeal was claimed against an order denying a grant of benefits or against another order by the Supreme Court. The appeal was granted and the service tribunal order stayed.

1985 S C M R 1596

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

PAKISTAN RAILWAYS Appellant

Versus

GHULAM SARWAR‑‑Respondent

Civil Petition No. 418‑K of 1984, decided on 15th January, 1985.

(From the order, dated 6‑6‑1984 of the Federal Service Tribunal Camp at Karachi passed in Appeal No. 43(K) of 1982).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 212‑‑Civil service‑‑Appeal before Service Tribunal‑‑Service Tribunal not expressly dealing with points whether appeal was directed against order refusing grant of benefits claimed or against any other order‑‑Leave to Appeal granted by Supreme Court and operation of order of Service Tribunal stayed.

Akhlaque Ahmad Siddiqui, Advocate Supreme Court instructed by M . A . I . Qarni, Advocate‑on‑Record for Petitioner.

Date of hearing: 15th January, 1985.

ORDER

M.S.H. QURAISHI, J.‑‑

It is contended that if the appeal before the Tribunal was directed against order, dated 6‑2‑1979 refusing the grant of benefits claimed, then the appeal filed on 13‑5‑1982 was clearly time‑barred and that if the appeal was directed against some other order, then as no such order has been specified, the appeal was not competent. These points have not been expressly dealt with by the Tribunal. Leave is granted. The operation of the impugned order shall be stayed.

A. A, Leave granted.

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