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FEDERATION OF PAKISTAN versus MUHAMMAD YASIN KHAN


Allow an appeal to Article 212 (3) of the Service Tribunals Act (LXX of 1973), section 5, to consider whether the Federal Service Tribunal was legally authorized to give any direction in this regard The respondent will be considered as continuing in NP Section 19 after his reversal. In the context of its acknowledged fact from the Northern Territory, the resulting benefit is that it was not regularly promoted to Grade 19.
1986 S C M R 1409

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

FEDERATION OF PAKISTAN and another‑‑Petitioners

versus

Rao MUHAMMAD YASIN KHAN‑‑Respondent

Civil Petition No.454‑R of 1985, decided on 14th April, 1986.

(On appeal from the judgment and order, dated 6‑10‑1985 of the Federal Service Tribunal passed in Appeal No.93 (R) of 1984).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 212 (3)‑‑Service Tribunals Act (LXX of 1973), S.5‑‑Leave to appeal granted to consider question whether Federal Service Tribunal was legally empowered to give a direction in terms that respondent "shall be deemed to have continued in N.P.S. 19 after his reversion from Northern Areas with all consequential benefits" in the context of admitted fact that he was not regularly promoted to Grade‑19.

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

Nemo for Respondent.

Date of hearing: 14th April, 1986.

ORDER

MUHAMMAD HALEEM, C.J.‑‑

Leave to appeal is granted to consider the following question:

Whether the Federal Service Tribunal was legally empowered to give a direction in terms that the first respondent "shall be deemed to have continued in N.P.S. 19 after his reversion from the Northern Areas with all consequential benefits", in the context of the admitted fact that he was not regularly promoted to Grade 19.

The interim order in the meanwhile is modified to the extent that the impugned order is suspended qua the direction of the first respondent to the higher post.

The appeal arising from this petition shall be heard on the present record with liberty to the parties to file additional documents, if any.

M.I. Leave granted.

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