Case Details

Citation(s)
2021 SLG 2253 2021 SLD 2253 2021 PLJ 60
Federal Service Tribunal, Islamabad
Appeals No. 2829(R)CS of 2017 etc., decided on 9.9.2020, Date of hearing: 9.9.2020.
QAZI KHALID ALI, CHAIRMAN, MANZOOR ALI KHAN, MEMBER, MUHAMMAD HUMAYUN, MEMBER

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NASEER AHMAD AND OTHErs

VS

PAKISTAN RAILWAYS, THROUGH CHAIRMAN ISLAMABAD AND OTHErs

Law: Service Tribunals Act, 1973

Section: 4

Service Tribunals Act, 1973 (LXX of 1973)-- ----S. 4--Applicants are serving in Pakistan Railways and Pakistan Post--Applications for regularization of services on regular basis benefit of previous service period--Declined--Regularization policy--Payment of arrears--Binding of orders of of Supreme Court--We have also been able to lay our hands at a very recent announced in open Court on 07.08.2020 by Hon’ble Supreme Court of Pakistan in Civil Appeal Nos.17 to 29 of 2020 filed by Pakistan Railways against passed by a Bench of this Tribunal headed by Chairman, FST--Hon’ble Apex Court vide announced on 07.08.2020 has upheld of this Tribunal dated 18.07.2019 wherein relief was given with immediate effect and not from date of initial appointment--It is well settled of a principle of law, requiring no consideration that orders passed by Hon’ble Supreme Court of Pakistan are binding on Service Tribunals, High Courts and all functionaries--Article 190 of Constitution of Islamic Republic of Pakistan, 1973 states that “all executive and judicial authorities, throughout Pakistan shall act in aid of Supreme Court”, hence orders passed in above cases by Hon’ble Supreme Court of Pakistan have got to be implemented in its true letter and spirit--Appeals filed by appellants for regularization of their services are accepted and respondents are directed to regularize their services with immediate effect--Process may be completed preferably within sixty days of receipt of copy of --All other appeals filed by appellants claiming benefits of past service and pay protection prior to their regularization are hereby dismissed being devoid of merit--However, appellants may apply to department for taking benefits as provided under Regulations No. 371-A of Civil Service Regulations after completion of qualifying service for pension--Order accordingly. PLD 2016 SC 534 ref. Mr. Muhammad Ramzan Khan, Advocate, Mr. Ghulam Rasool Bhatti, Advocate, Mr. Muhammad Shabbir Bhutta, Advocate, Ms. Mobeen Sarwar, Advocate and Mr. Muhammad Owais, Advocate for Appellants/Employees of Pakistan Railways. Ch. Muhammad Asad Raan, Advocate for Apepllants/ Employees in Pakistan Post. Ch. Ishtiaq Meherban,…
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