| Citation(s) |
|---|
| 2011 SLG 2236 2011 SLD 2236 2011 SCMR 1410 |
Supreme Court of Pakistan
Civil Petition No. 617- L of 2010, decision dated: 8-06-‘2011 (Against order dated 29-1-2010 of Federal Service Tribunal, Lahore, passed in M.P. No. 379 of 2008)
MUHAMMAD SAIR ALI AND KHILJI ARIF HUSSAIN, JJ
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Civil Petition No. 617- L of 2010, decision dated: 8-06-‘2011 (Against order dated 29-1-2010 of Federal Service Tribunal, Lahore, passed in M.P. No. 379 of 2008)
MUHAMMAD SAIR ALI AND KHILJI ARIF HUSSAIN, JJ
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ABDUL RAFIMAN QURESHI
VS
. AUDITOR-GENERAL OF PAKISTAN and others
Law:
Section:
Service Tribunal Act (LXX of 1973)-------S. 3---Service Tribunal---Review, power of---Scope---Service Tribunal has power of review---Second review petition before Tribunal not maintainable. Petitioner in person. Ms. Yasmin Saigol, D.A.G. along with Sharif Bhatti, AAO (Legal) for Respondents. Date of hearing: 8th June, 2011. ORDER MUHAMMAD SAIR ALI, J.--- Petitioner's Appeal No.540(L)CS of 2000 was decided by the Federal Service Tribunal, Lahore (hereinafter referred to as 'the Tribunal') on 3-12-2003. His claim that he should have been allowed one increment on getting selection grade and for revision of his pension accordingly was rejected. However, the amount already paid to him was protected by the Tribunal because the payment so made was due to the error of the respondent-department. In view thereof, the appeal was partly accepted in the following manner:-- "The result is that the appeal is accepted partly. The claim of the appellant for restoration of his pay slip in which he had been allowed advance increment is rejected. His second prayer that no recovery should be effected from him is allowed. This order would be effective only if payments have already been received by the appellant. The appellant shall be paid monthly pension on the basis of PPO dated 23-8-1999." In the year 2004, the petitioner filed a review application to get rectification of the order regarding PPO dated 23-8-1999. The Tribunal, accommodating the petitioner, treated the said review application as M. P. No.725 of 2004 and decided the same as under:-- "The respondents have submitted a bill of commutation of pension arrears and also approval for payment of commutation and gratuity regarding the grievance in the cause and also a letter dated 2-6-2006 stating that the petition has borne fruit and the judgment stands implemented in toto. The learned counsel for the appellant has no further cause of grievance. Petition disposed of having borne fruit." The petitioner moved yet another review application,…
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