RASH ID-UR-RAHMAN SHAMI versus ISLAMIC REPUBLIC OF PAKISTAN

Article 212 (3) of the Service Tribunals Act (LXX of 1973), the applicant's appeal before the Section 4 service tribunal was timely barred, but the tribunal considered the merits and held that the applicant was a federal public The service has failed to clear itself from the commission and cannot claim it. The job has been re-assigned and it was not a public servant's position to enable him to file an appeal before the tribunal, although the tribunal observed that if the department deems it appropriate, the applicant will result in an appeal. Regardless, there may be an opportunity to appear before the Federal Service Commission. The tribunal's decision, because it was unimaginable, refused to appeal

1986 S C M R 1009

Present: Muhammad Haleem, C.J., Nasim Hasan Shah, Shafiur Rahman and Zaffar Hussain Mirza, JJ

RASHID‑UR‑RAHMAN SHAMI‑‑Petitioner

versus

ISLAMIC REPUBLIC OF PAKISTAN and others‑‑Respondents

Civil Petition No. K‑168 of 1985; decided on 25th February, 1986.

(On appeal from the judgment and order of the Federal Service Tribunal, Islamabad, dated 24‑2‑1985 passed in Appeal No. 42(K) of 1982).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 212(3)‑‑Service Tribunals Act (LXX of 1973), S. 4‑‑Appeal of petitioner before Service Tribunal was barred by time but Tribunal considered it on merits and held that petitioner failed to clear himself from Federal Public Service Commission and could not claim to have been re‑instated in service and his status was not that of civil servant so as to make him eligible to file appeal before Tribunal, although Tribunal observed that if department thought fit it could allow petitioner to appear before Federal Service Commission irrespective of result of appeal‑‑Judgment of Tribunal, being unexceptionable, leave to appeal refused.

Petitioner in person.

Munir A. Sheikh, Deputy Attorney‑General and Ch. Akhtar Ali, Advocate‑on‑Record for Respondents.

Date of hearing: 25th February, 1986.

ORDER

MUHAMMAD HALEEM, C.J.‑

‑The Tribunal held the appeal to be barred by time. Besides it also considered the appeal on merits and held that as the petitioner had failed to clear himself from the Federal Public Service Commission, he cannot also claim to have been re‑instated in service, and, therefore, his status could not be that of a civil servant so as to make him eligible to file an appeal. As such the appeal was not maintainable although the Tribunal observed that if the Population Division thinks it fit, it can allow the petitioner to appear before the Federal Public Service Commission irrespective of the result of the appeal. The judgment of the Tribunal is, accordingly, unexceptionable in view of the judgment of this Court delivered in 1984 SCMR 759, (Federation of Pakistan and another v. Riaz Ahmad Baig and another), and others.

Accordingly, the petition fails and is dismissed.

M . Y . H . Petition dismissed.

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RASH ID-UR-RAHMAN SHAMI versus ISLAMIC REPUBLIC OF PAKISTAN

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