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DR. IRSHAD ALI SOOMRO versus GOVERNMENT OF SINDH THROUGH SECRETARY AGRICULTURAL, GOVERNMENT OF SINDH

Section 3 of the Sindh Service Tribunals Act (XV of 1973), Section 4 of the Constitution of Pakistan (1973), Article 199 repealing the constitutional application for non-rehabilitation of the applicant, who was removed from service. The job was restored, but the return benefits were denied because the Tribunal was not entitled to take the usual applicants from the service tribunal as it normally claims. It has been done without determination that during the relevant period he did not have a profitable job nor was he engaged anywhere else. There was no benefit of the applicant being subjected to a cross examination without the service tribunal; no fact-finding was investigated in front of any forum that claimed the applicant's past benefits. But in reality the grant cannot be applied back in mathematical form. It is for the benefit of a party and for this purpose each matter has to be decided on its own facts and circumstances. This applicant has not filed a departmental appeal after 4/4 1/2 years after his termination. Neither in his department's appeal nor anywhere in the appeal before the service tribunal has the applicant stated his claim that he was not profitable during the intervention. The inquiry into the applicant's previous benefit claim primarily had to decide that after giving both parties the full opportunity to present their evidence or file a document, such an aspect of the matter would be under the jurisdictional jurisdiction. Cannot be considered as an option list of advocates from Goular Khel lawyer